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

De facto Relationships - What you need to know! The case of Chin v Boa  [2025] FedCFamCIA 9 , delivered on February 4, 2025, by the Federal Circuit and Family Court of Australia, addresses the complexities in assessing and determining whether a de facto relationship exists. For family lawyers including anyone considering asset protection issues, particularly, from a family law context, the case underscores the importance to be aware of the legal frameworks that the Courts wil

P ayday Super: New Era for Employers and Employees From 1 July 2026, a significant change in the Australian superannuation landscape will come into effect, fundamentally altering how employers manage their employees' super contributions. This new regulation requires that superannuation payments be made concurrently with salary and wages. The Shift to Payday Superannuation This change is designed to provide employees with more immediate access to their superannuation benefits

Claiming GST Input Tax Credits: NDIS & Residential Property Investment Investing in National Disability Insurance Scheme ( NDIS ) properties can provide both financial returns and contributing to the community. An important aspect of this investment is understanding how to claim Goods and Services Tax ( GST ) input tax credits ( ITCs ). Acquiring or building an NDIS residential property does not necessarily entitle you to claim ITC and it is important to obtain appropriate GS

The Power of Giving: Charitable Trusts In a world where kindness and generosity can often seem in short supply, charitable trusts stand out as beacons of hope and compassion. You don’t have to be Warren Buffett, one of the world’s richest men, to set up a charitable trust, who recently told the Wall Street Journal he has re-worked his will to put his wealth in a new charitable trust after his death.  Buffett has donated about $130.1 million last year to the four charities run

Buying & Selling Property With a hot property market, whether you are looking to buy your dream home, sell a property, or invest in real estate for financial growth, it is crucial to navigate the complex world of property transactions with confidence and expertise. At PV Legal, we are here to guide you through every step of the process, ensuring that your investment goals are met and your financial future is secured. Why Choose PV Legal? Tax Planning: PV Legal’s tax knowledg

Working overseas - make sure your Super Fund is an Australian Resident Fund With travel restrictions lifted, Tim’s boss requires him to relocate overseas to London to head up their London branch for an indefinite period up to 5 to 6 years.  Tim’s wife, Mary, is relocating with him together with their two children while they rent out their home in Australia.  Tim and his family may temporarily return to Australia for holidays and family visits. Tim and Mary are the only member

Family Feud - not a game show you want to be in! If you know the game show ‘Family Feud’ there are winners and losers.  Similarly, when it comes to family feuds over family wealth there will be winners and losers but with devasting effect, tearing families apart.   With my recent client, whose names have been changed for anonymity, such devasting effect can’t be understated.  This brings into focus the importance of ‘ Family Inclusive Estate and Succession Planning ’ and havi

Family Trust Distribution Tax - A sting in the tail for corporate beneficiaries You have a family trust to protect and manage your wealth. Income in the amount of $100,000 from your family trust for the 2022/2023 year have been distributed to a corporate beneficiary (i.e. company) to manage your tax liabilities and taxed at 30% ($30,000).   The Tax Office has recently undertaken an audit of the family trust including reviewing the trust deed and constitution for the company.

With Great Responsibility comes Greater Personal Risks Directors, non-executive directors and officeholders including public officers of companies take on many responsibilities and have various duties and obligations owed to the company and their shareholders. With great responsibility comes greater personal risks. But do you know what personal risks you are taking on? Knowing those personal risks and making sure reasonable steps are taken to protect against such personal ris

R eview Software Arrangements for 'royalty' payments The recently released ATO draft taxation ruling TR 2024/D1 has significant impact on taxpayers once finalised. If you have a software arrangement with an overseas provider, and:   1.    distribute or resell software in Australia 2.    pay a subscription fee for a software as a service ( SaaS ) solution 3.    are granted or have a right to use intellectual property ( IP ) 4.    sell hardware with embedded software   then rev

"I love you wills" - don't let love be a burden Valentine's Day brings romance, roses, chocolates and champagne. For an estate planning lawyer, Valentine's Day means reviewing clients that have "I Love You” Wills.   It is used by many married couples where each spouse leaves all their assets to the survivor.  Upon the surviving spouse passing, then their remaining assets are left to their children.  While this type of estate planning is simple, for an estate planning lawyer,

Wishing you a Happy Chinese New Year filled with joy and celebration Each New Year, we celebrate with friends and family with prayer, food, remembrance and wishing all the best of luck, wealth and prosperity. What are you doing for Chinese New Year? #chinesenewyear #dragon #chinese #heritage #food #wealth #prosperity #luck #celebrate #family #friends #2024 #celebration #inclusive #happynewyear #culture #lunarnewyear #happiness

Death is not a Joke! Jokes aside, death is no laughing matter, particularly, if you don't have a will. Dying without a will can be disruptive and have serious consequences including: Unintended outcomes Beneficiaries that you wanted to benefit could miss out due to strict succession rules that may trigger a distant relative inheriting assets. You could lose control over minor children leading to those children being raised by someone else that was never intended. Financial d

Are you ready to lodge your SAR by 28 February? Less than 27 days remain for SMSF trustees to lodge their SMSF annual return ( SAR ) by 28 February 2024, regardless of whether the fund has received contributions, made income payments or is in pension mode. If the SAR is more than two weeks overdue, the ATO may change the status of the SMSF to Regulation details removed. The impacts for failing to lodge by the due date are: preventing APRA-regulated funds from rolling over me

Granny Flats - A Retirement Planning Solution With life expectancy increasing leading to older Australians seeking to rely on the aged pension and opting to live with their family, the use of granny flats (where permitted under local planning laws) can offer a retirement planning solution for elderly parents looking for a stable home and family support in their retirement. While establishing a granny flat arrangement can be a useful retirement solution, knowing the social sec

Intangible Migration Arrangements Clients with intangible assets (such as intellectual properties ( IP ), software, licences, systems) relating to Australian development, enhancement, maintenance, protection, and exploitation ( DEMPE ) activities such as R&D held offshore, will need to consider PCG 2024/1  (PCG 2024 ). PCG 2024 sets out when the ATO is likely to apply general anti-avoidance rules ( GAARs ) or transfer pricing rules to cross-border related party intangibles mi

Unfair Contract Terms - Act Now! From 9 November 2023, Treasury Laws Amendment (More Competition, Better Prices) Act 2022  ( Act ), made Unfair Contract Terms ( UCTs ) illegal, attracting substantial penalties under the  Competition and Consumer Act 2010 (Cth) and the  ASIC Act 2001  (Cth), with each unfair term forming a separate contravention. The UCTs apply to supply of goods or services or sale or grant of an interest in land. Clients may be impacted by the new laws, name