The ATO has released a draft ruling ( TD 2026/D1 ) that creates a real and immediate tax risk for many wills and estate plans that include a “right to occupy” or “right to reside” in the family home. In short, the ATO’s draft view is that many of these rights will not qualify for the main residence capital gains tax ( CGT ) exemption when the property is eventually sold. This can result in unexpected and significant CGT for estates and beneficiaries. Why this matters

PV Legal is delighted to welcome Josh Tews to the team. Josh is passionate about helping small business owners grow with confidence, protect what they’ve built, and plan for long-term success. Having founded and run his own small business, Josh understands the real pressures business owners face - because he’s lived them. Josh brings a practical, commercial approach to advising clients, supporting businesses from early structuring and licensing through to acquisitions, trade

Understanding "tax benefit" for Part IVA avoidance Tax laws often contain provisions designed to prevent avoidance and ensure fairness. One such provision in Australian tax law is Part IVA, which targets schemes that seek to reduce tax liability in ways that the law does not intend. Understanding the Part IVA tax benefit is crucial for taxpayers, accountants, and advisors to navigate compliance and optimize tax planning within legal boundaries. This article explains how Part

Protection of Family Assets & Trusts – Changes You Need to Know About Recently, in Caldwell & Caldwell [2025] FedCFamC1F 506 , the Federal Circuit and Family Court were asked to determine whether assets held in long-standing family trusts should be treated as property of the parties for the purposes of a property settlement. The husband came from a family that had operated a multi-generational business through discretionary trusts and companies since the early 1900’s. These t