Publications and News

Beware of Isolated Transactions and GST

12 September 2017

Your ex-partner, Antonio, contacts you late Wednesday afternoon asking you to act for him in relation to selling a shop down the main street of the small coastal town you live in. You are thrilled to receive the call. You parted on reasonably good terms but haven’t heard from him in a long time and you were always secretly hoping you might re-kindle the flame. Eager to please Antonio, you stay back late to draft the contract so it is ready for him to sign in the morning.  Continue Reading..

Brewing Trouble

3 August 2017

Jane and James have been clients of yours for the last ten years. You enjoy working with them because they seem quite an adventurous couple, so you are thrilled when James calls you to say he would like to meet up with you to discuss his new business idea.James tells you that he and some of his mates are going to set up a brewery in their local town and that he will become the director of the new company which is going to run the operation. James and Jane are concerned about James’ personal liability and think it’s wise for James to retire as trustee of their family trust. You are familiar with their trust; it owns several units at the coast and Jane and James, along with Jane’s father, are the trustees, and the beneficiaries are Jane, James, their children and Jane’s father.  Continue Reading..

Options and Hidden Tax Stings

5 July 2017

Snapshot

  • Options are always tricky.
  • What applies to GST does not necessarily apply to CGT.
  • Assumptions can be very dangerous.
Options and hidden tax stings

 Tony comes to see you about a 'too good to refuse' offer he has received from a developer – $5 million GST inclusive for a property he bought for $5,000 in 1970. Continue Reading..

Take Care if you Declare

7 June 2017

It is first thing on Tuesday morning when you receive a call from your client Lachlan who wants you to review an auction contract for a farm that has come up for sale next to his. The auction is scheduled for that afternoon so Lachlan, as he always does, has really left things until the last minute. You had a terrible night’s sleep after a big blue with your husband about his spendthrift ways, and aren’t feeling all that sharp, but you have the time to review the contract. Lachlan also wants you to attend the auction with him.  Continue Reading..

Succession planning and hidden tax stings

5 May 2017

You knew it was professionally unwise, but you just couldn't say no to your old mate Peter when he asked you to help fix up his family succession plan. You tried to explain, but when he said “Maaate, come on, school mates and footie mates and you can’t help? Come on…what are mates for?”.  Continue Reading..

Take care when amending the vesting date of a pre 84 deed

13 April 2017

You’ve just come back to work after being on medical leave and are excited to receive a call from a longstanding client, Molly, who wants you to act for her regarding a purchase of an investment property for $3 million. Molly tells you the purchaser will be Edlly Pty Ltd as trustee for the Moed Family Trust. The Moed Family Trust was established in 1967.You phone the vendor’s solicitor to give her the purchaser details.  Continue Reading..

Tax stings and GST tales of woe

10 March 2017

This article was published in this month's edition of the Law Society Journal of NSW. Three lawyers walk into a bar. Allan, Barry and Charlie. It’s Friday, they’re good mates, they’ve all had a bad week, and they want to share the pain.Allan goes first.  Continue Reading..

Transferring Dutiable Land - Order of Operations

17 February 2017

You act for Robert who is the executor of his late wife Maggie’s estate, along with Maggie’s three children. Robert brings in the original will which was prepared by another solicitor in 1998.You are surprised when reviewing the will that Robert was not left anything, instead all of Maggie’s estate went to her three children. However Robert explains that Maggie had been married previously and the three children were to her first husband, and that although they had been married for twenty years, they had always kept their finances separate.Maggie and Robert owned a half share each in a unit and a house as tenants in common.  Continue Reading..

Super fund property sale anguish

8 December 2016

This article was published in this month's edition of the Law Society Journal of NSW. Your clients Betty and Bruce recently called to say that their self managed superannuation fund was selling a residential property and to request that you prepare a contract for them. They told you that their superannuation fund bought some vacant land a couple of years ago on which it built a house to be rented out as a long-term income earning investment. However, after the house was completed, but before it was rented, they received an offer that was too good to refuse and have therefore agreed to sell. Continue Reading..

GST free supply of farmland

9 November 2016

GST Free Supply of Farmland Your brother Harry and his wife Zoe contact you about arranging a contract for the sale of a 15 acre block. The block is part of their larger rural property on which they conduct a farming business. It is on a separate title and close to town. A good friend of theirs has been looking for a small acreage on the edge of town to purchase and has offered them very good money to buy the block. It comes at the perfect time as Harry and Zoe are struggling financially and really need the extra funds to help keep the farm operating.  Continue Reading..

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