SMSFs warned on NALE uncertainty

Heffron says SMSFs still need to be cautious around non-arm’s length arrangements.

Uncertainty over which SMSF arrangements will still be caught by NALE rules will remain until the legislation is amended, says Heffron technical specialist Lyn Formica.

After months of industry lobbying around the NALI/NALE rules, the government recently announced it will “amend the law to ensure it operates as intended”.

But Heffron’s head of technical and education services said clarification was needed in the meantime.

“Given the government’s commitment to finding a workable solution whilst still meeting NALI’s policy intent, during the consultation process we would be looking to gain clarity on the types of services which can be provided to SMSFs without triggering a NALI issue,” she said.

The amendments would need to identify whether the trustees of the unit trusts in which SMSFs invest can provide services to the trust without causing NALI issues.

SMSFs would also need to understand the ATO’s expectations where a fund purchases assets partly for cash and partly in specie.

Ms Formica said the amendments should also ensure the penalty for incurring NALE was proportionate to the mischief involved and that there was no NALI risk for funds given the government’s legislative changes were intended to apply from 1 July 2022, but the NALE provisions had application from 1 July 2018.

“Earlier this week, we did gain welcome clarity on one issue regarding NALI – the position for trustees who restructured their related party limit recourse borrowing arrangement in the lead up to 31 January 2017 to comply with PCG 2016/5,” she said.

“The ATO has now amended PCG 2016/5 to confirm that the commissioner will not seek to apply the NALI provisions to these arrangements for the 2018-19 and later years.

“Whilst the NALI/NALE story is not yet complete, thanks to the tireless lobbying of the various professional bodies and industry associations, it seems we are now on the path to finding a long-term pragmatic solution.”

 

 

 

Reporter

28 March 2022

smsfadviser.com

More Articles

How Our Diets have Changed.

Check out the this visualization, which tracks the evolution of dietary calorie intake from 1930 to...

Read full article

How to maximise the impact of your inheritance

Australia’s $3.5 trillion wealth transfer: how to invest an inheritance wisely   . Australia is...

Read full article

New deeming thresholds could deliver small part age pension

Two significant deeming thresholds increased on 1 July 2026, the one at which the higher deeming rate of 3.2...

Read full article

Six ways Gen X can build retirement savings

Making the most of your peak earning years . Many Gen X Australians are now in their peak earning...

Read full article

Can I still get the Age Pension if my super is healthy?

A healthy super balance doesn't always rule you out of the Age Pension . Many Australians assume...

Read full article

Contribution splitting now more valuable

The introduction of Division 296 has highlighted the value of contribution splitting and increased the...

Read full article

New to SMSFs? Start preparing for your first SAR lodgment

New SMSFs that are required to lodge a self-managed super fund annual return by 31 October should start...

Read full article

ATO’s LRBA data significantly less than industry figures

There were nearly four times as many new residential loans written using limited recourse borrowing...

Read full article

Heathmont Financial Services Pty Ltd (ABN 68 106 250 104) trading as Heathmont Financial Services is a Corporate Authorised Representative (No. 262098) of Knox Wealth Management Pty Ltd (ABN 74 630 256 227), Australian Financial Services Licence Number (AFSL) 513763.

Julian McGoldrick is an Authorised Representative (No. 262098) of Knox Wealth Management Pty Ltd AFSL 513763.

Financial Services Guide - Disclaimer & Privacy Policy

^