Making decisions about the future of your business can feel overwhelming, or just not top of mind when consumed by the demands of running your business day-to-day. Many family business leaders aim to pass their businesses to the next generation but there is often a significant gap between intention and preparation.

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A self-managed super fund (SMSF) is a useful step to control your retirement saving, however is it important to decide your right trustee structure to suit how the fund operates.

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You have two main trustee structure options for your SMSF:
• individual trustees – where each member of the fund acts as a trustee; or
• corporate trustee – where a company acts as the trustee of the fund.
With individual trustees, each member of your SMSF must be a trustee. This means if you have a two-member fund, both members must be trustees.
The main advantages of individual trustees include:
• typically lower setup costs;
• simpler initial structure; and
no ongoing annual company fees
However, there are some drawbacks:
• all trustees must sign fund documents, which can be cumbersome;
• any penalties for legal or regulatory breaches are imposed on each individual trustee (costing more in fines);
• if a trustee dies, assets may need to be transferred; and
• changes to membership require updating legal documents.
A corporate trustee structure uses a company as the trustee of your SMSF. The members of the fund become directors of the company, giving them control over fund decisions.
The benefits of a corporate trustee include:
• continuity – the company continues even if directors change;
• easier administration when members join or leave;
• assets are held in the company name, reducing paperwork when membership changes;
• any penalties for legal or regulatory breaches constitute a single fine (where directors share the cost); and
• only one signature may be required for fund documents (depending on the company’s constitution).
The main disadvantages are:
• higher setup costs to establish the company;
• ongoing annual ASIC fees; and
• additional compliance obligations for the company.
The right choice depends on your circumstances. Consider factors such as:
• the number of members in your fund;
• whether you expect membership to change over time and how often;
• your tolerance for ongoing costs versus convenience;
• the value of assets you plan to hold in the SMSF; and
• your long-term plans for the fund (ie bringing in other members, etc)
Remember that changing trustee structures later can be complex and costly. You may need to transfer assets and update legal documents. Choosing your SMSF trustee structure is a crucial decision that will impact your fund’s operation for years to come. The choice between individual and corporate trustees involves weighing up costs, convenience and your long-term plans.
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Owning an investment property can be tax-effective, but it’s also one of the ATO’s most closely monitored areas. Here are five common errors that most often trigger ATO follow-up, and the related issues to keep in mind.

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Over-claiming repairs that should be capital works
Repairs and maintenance can be claimed for work that remedies or prevents defects, damage or deterioration arising from using the property to earn income. These expenses are generally deductible in the year they are incurred. By contrast, capital works are structural improvements, alterations or extensions that go beyond merely fixing wear and tear. If the work improves the function or value of the property, it’s likely to be capital in nature. Capital works are usually claimed at 2.5% over 40 years (subject to specific exceptions).
Claiming deductions during private use periods
You can’t claim deductions for interest or other expenses for periods when a holiday home or mixed-use property is used privately, even if the private use is brief. To legitimately claim deductions, the property must be rented or genuinely available for rent. This may include limited/no advertising, offering during low demand times or rent attached to unreasonable conditions such as above-market rent or overly restrictive tenant requirements.
Repeatedly refusing suitable tenants without valid reasons can also indicate the property is being held for personal use rather than income producing purposes.
Claiming incorrect interest deductions
You can only claim the portion of interest that relates to the rental property. If a loan’s used for both private purposes and rental property expenses, the interest must be apportioned. This applies whenever the mixed use occurs at any time during the loan and continue over the life of the loan.
Poor record keeping and lack of substantiation
You must keep records of your rental income and expenses for at least five years from the date you lodge your tax return. If a dispute with the ATO arises during that period, you must retain relevant records until the dispute is resolved.
Not reporting all rental-related income
Rental-related income includes more than just rent. It can also include bond money retained for unpaid rent or damage, letting or booking fees from cancelled reservations, and insurance payouts, whether for property damage or loss of rent.
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Two key Bills have passed Parliament recently that will mean significant changes to Australia's superannuation system that will reshape how high-balance accounts are taxed and boost support for low-income earners.

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Division 296 tax
The new Division 296 tax, commencing 1 July 2026, targets earnings on large superannuation balances through a two-tiered system for earnings on balances exceeding $3 million:
These thresholds will be CPI indexed to keep pace with inflation. The new tax applies only to future realised earnings, not unrealised capital gains on unsold assets.
Importantly, for the first year only, liability is determined based on your total super balance at 30 June 2027, rather than at the start of the year.
Total super balance calculations
The law also introduces a “total superannuation balance (TSB) value” concept, with each superannuation interest having its own TSB value. Your total TSB becomes the sum of all these values across your Australian superannuation interests an applies from 1 July 2026.
Low Income Superannuation Tax Offset (LISTO) increases
From 1 July 2027, the maximum LISTO increases from $500 to $810, while the eligibility threshold rises from $37,000 to $45,000.
These changes represent the most significant superannuation tax reforms in years. If you have a large superannuation balance, the window before 30 June 2027 provides time to consider your options. Low-income earners will benefit from enhanced LISTO support from 2027.
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RSM has welcomed the ATO’s updated compliance guide on transfer pricing for inbound distributors, saying it would bring additional clarity for taxpayers.

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Last week (22 April), the Tax Office updated its transfer pricing guidelines for inbound distributors to reflect recent market conditions.
Liam Delahunty, partner and international tax and transfer pricing lead at RSM Australia, said the updated practical compliance guide (PCG) was welcome, and provided inbound distributors with greater certainty surrounding their tax risks.
“The PCG is a really helpful and welcome guideline that the ATO has published which will continue to help both taxpayers and their advisors understand the ATO’s perception of risks,” Delahunty told Accountants Daily.
“It’s a timely reinforcement that the ATO does continue to reassess market conditions. So it’s positive.”
Key changes in the ATO’s PCG 2019/1, Transfer pricing issues related to inbound distribution arrangements, included a broadened definition of inbound distributors, updated profit markers, the introduction of a white zone and clearer guidance on reportable tax position (RTP) schedules.
The operating margin benchmarks for certain activities in the life sciences and ICT sectors were revised downwards to reflect market conditions, which Delahunty noted had weakened.
“Probably the most important thing that it shows is that the ATO has reassessed market conditions, and found that market conditions are such that now there’s an expectation of less profit in Australia for some sectors,” he said.
“Particularly for Life Sciences, the expected profit levels have come down. And for ICT, the profit markers have come down as well. So that just is a reflection, I suppose, of market conditions being tougher in those sectors, and therefore the ATO’s expectations of profit levels also come down.”
The ATO also expanded its definition of ‘inbound distributor’ in the updated PCG, swapping the word ‘comprised’ to ‘predominantly involves,’ a change RSM said had expanded the potential application of the guide.
The updated PCG also tightened the definition of digital product distributors, a change RSM said may interact adversely with the ATO’s view on Australian data centre activities as an emerging issue.
The new definition included businesses that sold digital products or services in which the associated intellectual property was substantially held by related foreign entities, where the inbound distributor did not significantly contribute to the creation of the products or services.
“For example, you significantly contribute to the creation of digital products or services if you or your related entities own or operate significant equipment in Australia used to host or provide the products or services you are selling or distributing,” the PCG read.
In the updated PCG, the Tax Office also introduced a ‘white zone’ in addition to its green, yellow and red zone risk ratings. The white zone would apply to cases where taxpayers had an advanced pricing agreement (APA) with the ATO, for example, following a court judgment.
“We will not have cause to apply compliance resources to further review the transfer pricing outcomes of your inbound distribution arrangements, other than to confirm ongoing consistency with the agreed approach,” the ATO said of its approach to ‘white zone’ cases.
27 April 2026
Emma Partis
accountantsdaily.com.au/
The ATO has warned tax practitioners about common mistakes made by taxpayers and their advisers when lodging fringe benefits tax returns.

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Discover why a clear workplace AI policy is essential to protect your business, ensure compliance, and harness AI safely.

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Artificial intelligence (AI) isn’t just a buzzword. It has quickly become part of everyday work. Whether it’s drafting documents, analysing data, creating marketing content, or streamlining customer interactions. In many small and medium-sized businesses, employees are already experimenting with AI tools, often without formal guidance or approval from their employer.
While enthusiasm for creating significant efficiencies is great, it also introduces new risks. Without a clear AI policy, businesses may unknowingly expose themselves to issues such as confidentiality breaches, inappropriate use of AI-generated content, or a false sense of certainty about the accuracy of information produced by AI tools.
As AI becomes more embedded in routine business tasks, it’s increasingly important for employers to set clear expectations. That’s where a workplace AI policy comes in.
Why an AI policy is no longer optional
1. Employees are using AI with or without approval
Many staff adopt AI informally, using it to summarise documents, write emails, draft reports, or generate creative content. Without guidelines, employees may use AI tools differently and fail to consider the risks.
An AI policy helps employers set boundaries around:
Research shows that 75% of employees use AI at work, and up to 33% hide that use from management. Many rely on personal accounts or unapproved platforms, creating massive security blind spots.
2. Protecting confidentiality and business IP
AI systems often store or analyse the information users enter. If an employee uploads sensitive data such as client records, financial information, or internal documents, it may compromise confidentiality or intellectual property. For example, in the healthcare sector, it has been found that workers have uploaded protected patient health information to generative AI tools such as ChatGPT and Google.
Gemini often does so through their personal accounts, thereby violating privacy laws and exposing organisations to regulatory penalties.
A solid AI policy can guide employees on:
In short, it protects your organisation, your people, and your customers.
3. Ensuring responsible and accurate use of AI-generated content
AI tools can produce content that is inaccurate, misleading, or biased. Businesses face risks if employees rely too heavily on unverified AI-generated output.
An AI policy helps clarify:
4. Managing compliance and potential breaches
Clear policies help businesses respond consistently if something goes wrong—whether it’s a privacy breach, misuse of an AI tool, or publication of incorrect information.
An AI policy can outline:
There are templates available that help develop an appropriate AI policy.
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Check out which industries make up the biggest portion of the global economy.
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Go through the sales process feeling prepared and informed.

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Once you've assessed the value of a business and decided to buy it, you can start the purchasing process.
Make sure you understand the purchasing process so you minimise your risk and protect your investment. A lawyer or accountant can guide you through the purchasing process.
Make sure you have all the information
Read and check the documentation
The seller must provide you with:
Be wary of a seller who doesn't disclose important information, such as why they're selling, the lease, licences, permits and staff.
Check the financial records carefully
The vendor statement has information about the businesses finances.
Do 'financial due diligence' to make sure you're not overpaying. Get help from an accountant so they can make an objective appraisal of the business.
Poor business performance
Be wary of sellers who:
Verify the seller's claims
Insist on the right to work on the business before you enter into a binding contract, or at least before settlement. This way you can assess the truth of the seller's claims.
Watch out for sellers who:
Read and check the contract
Get your lawyer to look over the contract of sale. Check to see if they can add the following to the contract:
Structure the payment of the purchase in stages
Work out a payment plan that allows you to pay in stages. You can retain some part of the purchase price for a certain period and, if necessary, place it in a trust with a solicitor or estate agent.
Prepare the transfer of premises
If the seller owns the business premises and is transferring the title to you, search Landata to make sure the seller has free and clear ownership of the premises.
Search for property and title certificates on Landata.
If the seller is assigning the lease to you, prepare the proposed assignment of lease. Employ the aid of a solicitor to ensure all aspects of any lease are suitable to your needs.
Be wary of:
Verify right to the business name
Use ASIC's business name register, and company and other registers to search the name of the existing business to ensure the seller has:
Look out for other businesses that own rights over copyright or other intellectual property.
Search ASIC's Business names register to check that the seller owns the business name.
Search ASIC's Company and other registers to make sure the seller has a right to use the business name.
When you sign the contract
When you're ready to sign the contract:
Immediately after settlement
Once the contract has been signed:
Transfer the business name through ASIC.
Use ABLIS to find out what licences you need for your business.
Set your vision and goals
Even though you're planning to buy an existing business, it's essential to review the current operating processes, cash flow and marketing strategies to see if they need refreshing.
It's also good to set goals on how you want your business to look over time.
To meet the Fringe Benefits Tax (FBT) deadline for the year ending 31 March (with a standard due date of 21 May), employers must identify benefits provided, calculate the taxable value, maintain records, and lodge a return.

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Key Actions to Meet the FBT Deadline
Crucial Reminders for 2025/2026
, report the grossed-up value in their Single Touch Payroll (STP) report.
If you cannot pay on time, contact the ATO before the deadline to discuss options, as late lodgment can result in a penalty of per 28-day period.