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LRBAs-and-related-party-leases

LRBAs and related party leases: what you need to know

A common strategy implemented by business clients is to acquire business real property (usually the premises from which their business is run) via their SMSF and then lease this property to a related party. Borrowings are often used to finance the acquisition. The above is typically a standard transaction. However, where the complexity arises [read more]

Unwinding-an-SMSF-limited-recourse-borrowing-arrangement

Unwinding an SMSF limited recourse borrowing arrangement

As certain SMSF limited recourse borrowing arrangements reach completion, many are unsure how the arrangement should finish. There are a number of steps involved in weighing up options and strategy, as well as in documenting and carrying out the process. Note that this article deals with the situation of where a borrowing has been [read more]

segregated-bank-accounts-are-now-made-easy-so-why-have-unsegregated-assets

TD 2014/7 — segregated bank accounts are now made easy, so why have unsegregated assets? The simple answer!

The ATO released Taxation Determination 2014/7 (‘TD 2014/7’) on 9 April 2014 entitled ‘Income tax: in what circumstances is a bank account of a complying superannuation fund a segregated current pension asset under section 295-385 of the Income Tax Assessment Act 1997 (Cth) (‘ITAA’)?’. Broadly, TD 2014/7 adopts a much more practical approach to dealing [read more]

SMSFs-buying-overseas-property

SMSFs buying overseas property – tips & traps

Introduction Overseas property investment may appear attractive to many; such as an investment in an apartment in Paris, a Balinese beachfront villa, or a ski chalet in Colorado. However, when an SMSF is the purchaser there are a number of compliance tips and traps to navigate. SMSF trustees can purchase property either by an outright [read more]

New-law-gives-SMSF-borrowing-trusts-breathing-space

New law gives SMSF borrowing trusts breathing space

Until 4 April this year, SMSF trustees with limited recourse borrowings that were ending were faced with a problem. With the loan paid off, there was the prospect of being forced to transfer the asset to the SMSF trustee. The fear had been that to keep the asset inside the trust would give rise to [read more]

Independent-contractors-recent-wins-against-ATO

Independent contractors recent wins against ATO superannuation guarantee assessments

Overview There have been two recent decisions in which taxpayers have won the independent contractor argument in the Administrative Appeals Tribunal (‘AAT’). Naturally, if the contractor is an employee, then the PAYG withholding and superannuation guarantee obligations fall on the employer (head contractor). Moreover, other obligations such as those under state and territory legislation regarding [read more]

Excess-Contributions-Tax-latest-developments

Excess Contributions Tax — latest developments

Overview This article provides a brief summary of the excess contributions tax (‘ECT’) regime. It also summarises the latest developments including the May 2014 Federal Budget announcement, the latest statistical information and covers several key recommendations made by the Inspector-General of Taxation (‘IGT’). Brief summary The ECT regime was introduced in July 2007 as a [read more]