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Day: 23 November 2016

Is your executor automatically appointed as your replacement trustee/director for your SMSF?

Is your executor automatically appointed as your replacement trustee/director for your SMSF?

The short answer is, no. There is no law or regulation that has that effect. It may be that the terms of your super fund deed provide for this to occur. However, most super fund deeds that we have come across do not. See Ioppolo v Conti WASC 389 and Wooster v Morris VSC 594. […]

Can you distribute property from a company in liquidation to a shareholder stamp duty free? (in SA)

Can you distribute property from a company in liquidation to a shareholder stamp duty free? (in SA)

In South Australia you can transfer a property from a company to the shareholders of the company without paying stamp duty. The exemption is found is section 71(5)(a) of the Stamp Duties Act 1923 (SA). It does not matter who the shareholders are. For example, the shareholders can be individuals, other companies and trusts. Section […]

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