Since the ATO issued letters to 17,700 trustees regarding issues with the diversification requirements, it has been interesting to observe the varying behaviours within the SMSF sector regarding this issue. For some, it has clearly been seen as an opportunity to go back and review the fund’s within their practice regarding the fund’s investment strategy…
The recent release of Law Companion Ruling, LCR 2019/D3 provided some important feedback regarding arrangements where trustees of a SMSF may be acting within an individual capacity and have non-arm’s length expenditure that will have a sufficient nexus with income derived by the fund for the non-arm’s length income (NALI) provisions to apply. Where the…
With recent enactment of Treasury Laws Amendment (2018 Superannuation Measures No. 1) Act 2019, we have seen important changes made to the operation of the non-arm’s length income (NALI) provisions that now apply retrospectively from 1 July 2018. In this first blog post on the topic, we are focusing on the issue of non-arm’s length…
Since the release of the ATO’s letter to 17,700 trustees regarding concerns of the diversification requirement within their fund’s investment strategy, we have seen a significant level of activity and discussion around this topic… and in many respects that a good thing. Let me explain why… A view held by the Regulator is that some…
The Australian Taxation Office (ATO) is about to write to approximately 17,700 SMSFs to highlight their concerns that the fund may hold more than 90% or more of its assets in one asset, or a single asset class. From this evidence, the letter from the Regulator raises the issue that the fund may be at…