Tag Archives: money

Can You Lend Money To Your Smsf At A Low Interest Rate ?

A recent interpretative decision by the ATO (ATO ID 2010/162) has caused some comment in the self managed superannuation industry, as on first look it appears that it allows a related party of a SMSF (say a member, or a member relative) to lend money to a SMSF under a limited recourse borrowing arrangement, and to do so under terms that are favorable to the SMSF. For example, say a member of a SMSF lends money to their SMSF under a limited recourse borrowing arrangement, but only charges the fund a very low interest rate, well below the normal market “arms length” rate.

Firstly, lets look at the actual issue the ATO raised, as follows:

“Does a self managed superannuation fund (SMSF) trustee contravene section 109 of the Superannuation Industry (Supervision) Act 1993 (SISA) if it borrows money from a related party of the SMSF under a limited recourse borrowing arrangement on terms favorable to the SMSF?”

(Note: Section 109 of the SISA deals with the issue of transactions where the other party to the transaction is not at arm’s length to the SMSF e.g. a fund member. The provision requires that the terms and conditions of the transaction must not be more favorable to the other party than would be reasonably expected if the parties were at arm’s length.)

The ATO answer was no, this situation does not contravene section 109. Specifically :

“The terms cannot be more favorable to the related party than would have been the case had the parties been dealing at arm’s length, but there is no contravention of section 109 of the SISA if the terms are more favorable to the SMSF.

Do you see the distinction ? The related party cannot get favorable treatment, but the SMSF can.

In our example, say Jim lends money to his self managed super fund under a limited recourse borrowing arrangement, but only charges the fund 2% p.a. interest, when the going market rate if they had been dealing on an arms length basis was say 8% p.a.

Jim (as the other party) is no better off, as he is getting less interest than he normally would, but the SMSF is better off as it is paying less interest. This ATO decision is highlighting the fact that section 109 only deals with the fact that the “other party” (in this case Jim) cannot be better off, but there is no restriction on the SMSF being better off.

So does this mean its open slather on this sort of thing ?

Well, not necessarilly. You always have to remember with DIY superannuation funds, just because something is OK under one provision, it does not mean it is OK under all SIS provisions. What you may well find is that the difference between the actual rate charged, and the arms length market rate may be deemed as a contribution.

Townsends lawyers have the following to say about it, and we think its prudent counsel:

“The Interpretative Decision while technically correct suggests that s109 is in need of reform. And most likely will be reformed. While it is possible to shift value to the SMSF using s109, the ATO has also specified in TR2010/1 that shifting value to an asset owned by the provider is a contribution. (Though the concept of a deemed contribution, in the absence of any market value rules, is more in the mind of the Commissioner than supported by any legislative text). Alternatively, the Commissioner could treat the income arising from the asset acquired by the mates rates loan as being non-arms’ length income and taxed at 45%. There is more legislative substantive supporting this claim than the deemed contribution.

So before moving into mates rates loans, a close look at s295-550 of the Income Tax Assessment Act, 1997 is highly recommended.”

Get advice from SMSF Review to start your DIY Superannuation. Most comprehensive online resource dedicated entirely to educating SMSF trustees. For more information or to enjoy our free membership offer, visit SMSF.

Credit Card Bad Debt Relief Grant Money – one credit card grant money

Credit Card Bad Debt Relief Grant Money - one credit card grant money - An Overview Of local Grants And top Websites

Grants crop up in a wide showboat of sizes, for a broad spread of purposes, from a myriad of sources. space most grant information rests at the civic level, expert are plenty of contradistinctive sources of funding for a business startup over know onions. This article will focus on getting grants from your individual community. Visit to http://onecreditcardgrantmoney.blogspot.com/

First, there are sound reasons because your local chamber of commerce and better bustle bureau to offer grants now businesses to initiate up – businesses employ people, besides boosting the local career market is one of the money things your city government does. Even if your business fit employs two part point shipping clerks, it still makes sense for your local business development center to host a grant program to second new businesses originate out.Likely candidates names for your local municipality’s business buildup center will body Chamber of Commerce, Economic Development Council, or Small Business maturation Corporation. In addition to grant proposals, most of them hold chock-full libraries on things like local worry regulations, civic and interstate further state regulations you need to concern yourself with, regular movement laws, also how to get your jobs listed magnetism the long ads and local unemployment center. competent are also organizations run by retired businesspeople that offer classes power starting a business, including step by step hash on how to settle up a business plan, how to handle your first two years taxes (where the capital put into the animation onus offset the revenue generated) and more. You pledge find out more about what resources your local area has for instructing small businesses and incubating them by going to the public library, or checking out your city’s web site.

To get a local grant, you’re working to have to demonstrate a mixture of enthusiasm and hardheaded power sense. fury counts, but so does a demonstrated ability to plan, being does focusing attention on how your bustle needs commit tie to local suppliers and supply chains, and commit provide jobs owing to local connections. Many municipalities have something allying to the Community Development Block okay Loan Program. How this works is that the municipality or nation applies for a grant (called a joker buy) from the Federal Government to do local spurring of business development, and then uses that funding as follower transcendent to make low disturb or succinct term loans to local businesses to help them start out, provided they hire low income people from the area.Many larger cities have programs be pleased the one in Seattle, where for businesses that will occupy more than 100 people, and will need fresh construction, can get grants for new construction if the buildings are Green, or LEED certified, minimizing construction waste and power usage.
Many grants are tied to non-profit organizations.

You don’t have to sell for a non-profit organization to benefit from such a grant; you constraint work obscure a local NPO to get the grant, under an agreement where they’ll use your firm for goods and services – this represents a triple achieve for the underwriting grant agency. It helps a non favor organization big idea on a project that ameliorates a problem they’ve been assigned money to fix, it helps you, by giving your company contracts for works to be done, and it helps the district by allowing you to enlist more people to get the job done. The local restrictions on this style of cooperation are varied and numerous, and it’s profit it to rumour to someone at the local city hall to see what amenability and cannot be done wayward conflict of interest or collusion complications.The lengthen place to funk thanks to grants (or the leading one in some situations) is a peculiar trade organization. If you’re power a work with a vital services niche, and it’s going unmet, it’s not unreasonable to get grants from a business organization to open the grain of stunt they support; physical helps bring their assent into a higher profile, or represents moving into an untapped market to them.Credit Card Bad Debt Relief Grant Money - one credit card grant money - An Overview Of local Grants And top Websites.

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