November 2026 Newsletter

Welcome to this month’s issue of our newsletter. Our aim is to keep you informed about current tax and superannuation related matters.

This month we look at:

  • ATO is Chasing “Land Banking” by Foreign Investors: The ATO is now taking legal action under the Foreign Acquisitions and Takeovers Act 1975 to have fines imposed on investors who do not meet a condition of their approval (mainly concerning building a dwelling on land within required time).
  • Selling Real Property? Declare any Gain in the Right Income Year!: A recent Federal Court case showed the importance of the rule that a capital gain is assessable in the income year in which the contract is signed, even if settlement occurs in a later income year (perhaps several years later).
  • Receiving Loans or Other Benefits from your Company? Beware!: Earlier this year, the High Court handed down an important decision about the operation of Division 7A, however this only concerns unpaid trust entitlements. Otherwise, the operation of Division 7A remains unchanged and you should discuss any company loans or other benefits with us, so the appropriate action can be taken.
  • Super Death Benefit – ATO Rules Adult Child is not a dependant despite disability: Adult children are not usually dependants for tax purposes, which can affect taxation of any death benefits paid from superannuation. Please contact us to discuss your estate and tax planning matters.
  • PART IVA – Where Tax Planning Crosses the Line: You’re entitled to arrange your affairs to pay less tax. Choosing a business structure or timing an asset sale is ordinary planning, however tax planning should always be considered in the context of commercial reasons. We can help with that.
  • What Happens to your Age Pension If You Retire Overseas: If you retire overseas, you may still be able to receive the Age Pension, but some things change.

Click here to read the Rose Partners November Newsletter 2026

If you would like to discuss anything raised in the newsletter, please contact our Team.

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