Tag Archives: money

Can You Lend Money To Your Smsf At A Low Interest 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 arms 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 arms 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 arms 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.

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Payday Loans Application ? Simple Application To Lend You Money

Money has become the foremost requirement in the human life. Today the person are in need of money for smaller to smaller things, because they can no save always because of increasing expenses. If any emergency falls, these person become dependent on the financial mercy of the richer friends and relatives. This is good for the person who are in need of money, but this cannot happen always. So, for rest of the situations, you have to depend on the financial schemes such as payday loans application, Under this scheme, you can get money in few minutes without any restriction.

The payday loans application scheme is a scheme, in which you can get financial assistance in few minutes with the help of internet application and in which you are not required to wait for a day or two. This scheme can be completed in a few minutes. The lender will issue money if you can prove him that you will be able to return his money in time. You have to prove the following elements:

• You are a USA resident or a USA citizen.
• You are above 18 years of age.
• You are earning an average monthly salary of more than 1500 USD.
• You are having a minimum required credit score.
• You can send the checks if asked to do so.

The lender will issue the money once the application is submitted to him properly. The lender will take only a few minutes to figure out whether you are a safe person or not. The lender will transfer the funds immediately after approving the money. The lender will not ask for the reasons and explanations for the failure of the past performances. He will charge a low rate of interest. The amount has to be repaid before the payday. The best option with you for repayment is the online transfer in the lender’s account.

Adam Felix keeps on reading the researches done by the experts of the industry. He gives his valuable conclusions to the loan seekers of UK. If you have any queries about fast payday loans , payday loans services Visit http://www.paydayloansservices.net

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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.

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