Vintage Superannuation Lawyers – SMSF Lawyers – Superannuation Solicitors

Our Superannuation Lawyers provide specialist superannuation and self managed superannuation fund (SMSF) advice in all areas of superannuation law, including:

  • Trustee Duties
  • Fund Licensing, Disclosure and Conduct
  • Trust Deed Governing Rules, Reviews and Amendments

Our Superannuation Lawyers provide comprehensive advice concerning the taxation of superannuation, including:

  • employer superannuation contributions
  • personal superannuation contributions
  • excess contributions tax
  • superannuation guarantee
  • salary sacrifice contributions
  • complying super funds
  • foreign superannuation funds
  • payment of super benefits

Self Managed Superannuation Funds

The trustee of a SMSF has numerous duties which arise under the general trust law as well as the Funds Trust Deed or governing rules. In addition, the trustee of a SMSF has extensive duties arising from statute, such as the Superannuation Industry (Supervision) Act 1993 (Cth), the Corporations Act 2001 (Cth), the Taxation Administration Act 1953 (Cth), the relevant state or Territory Trust Act as well as other statutes. Accordingly, Vintage Superannuation Lawyers can provide you specialist SMSF advice concerning establishing and managing an SMSF, such:

  • duties of SMSF trustees
  • sole purpose test
  • accepting contributions
  • investment of fund assets
  • investment objectives and strategy
  • SMSF borrowing restrictions
  • loans or financial assistance to members or relatives
  • non-arm’s length investments
  • acquisition of assets from related parties
  • in-house asset provisions
  • Conditions of Release
  • Superannuation Structuring
  • Self Managed Super Fund (SMSF) borrowing / instalment warrants
  • Breach of Superannuation Industry (Supervision) Act 1993
  • Contributions, Termination Payments and Pensions

There are serious civil and criminal consequences for trustees of SMSF’s who breach their general law and/or statutory duties. If you are in doubt concerning your obligations and duties as a trustee of a SMSF, please do not hestitate to contact Vintage Lawyers. We have extensive experience gained from advising trustees of SMSF of their obligation and duties as well as gained from working inside the Superannuation Business Line of the Australian Taxation Office (ATO).

Vintage Lawyers can also assist Trustees of SMSF’s proactively manage any ATO audits, ATO notice of non-compliance and position papers.

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