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Welcome to Thrifty-Net, the internet service you can access 24 hours a day, 7 days a week to order any of our services. Superannuation Funds Can Now Borrow Complete Package Available Now
Recent changes
to superannuation law mean that self managed superannuation funds (SMSF)
are now permitted to borrow money. New section 67(4A) of the Superannuation
Industry Supervision (SIS) Act allows SMSFs to borrow to invest in limited
circumstances.
The limits
are:
Other sections of the SIS Act must
still be complied with such as the sole-purpose test, Investment Strategy requirements,
related-party acquisition rules, in-house asset rules,
prohibition against charging and arm’s
length dealing requirements.
The changes
mean that funds now have effectively far greater ability to grow their
assets at a time when strict limits are imposed on making both deducted
and undeducted contributions.
A superannuation fund, for example, can
buy real estate. Previously a fund may not have had sufficient funds to do this however
using money the fund has, as a deposit, the fund can then borrow the balance
needed.
The fund could borrow
the money from a third party. Alternatively the fund could borrow from a related party. For
example, it could borrow from the Member (or a related
party) who has funds
that the Member could lend to the superannuation fund therefore enabling
the capital appreciation
of the asset to be taxed at concession rates in the fund (or not taxed at
all if the fund is in
pension phase).
A Member could use their own funds or
borrow from the bank. The Member would then lend the money to the fund at an interest
rate. The growth in value of the asset that has been purchased
will be in the
superannuation fund and concessionally taxed, if taxed at
all.
The asset that is being purchased that
will be beneficially owned by the superannuation fund must stand in the name of a Trustee of
a trust that holds the asset on behalf of the superannuation fund. The asset cannot be held in
the name of the superannuation fund and must be held by separate Trustees for the Trustees
of the superannuation fund.
We have had our lawyers prepare a complete set of documents including Trust deed/Loan Agreement and Minutes of Meeting to assist accountants who want to take advantage of the new legislation. The documents are suitable only where the lender (and the other parties to the documentation) are willing to use the loan agreement (and other documentation) that is included. A lender who is in the business of lending money usually requires their own documentation and is likely to have rules and requirements as to payment of fees and interest and other requirements before lending. You should not use this service without the lender’s agreement to accept these documents.
Click HERE to view a sample of the Deed. Click HERE to read ATO questions and answers - Instalment warrants and super funds Click HERE to read Taxpayer Alert TA 2008/5 New Superannuation Deed Update ServiceTo take advantage of the new Simplified
Superannuation legislation Thrifty now provides a comprehensive deed
update service. To place your order for a Fund update log in to Online
Ordering and select Superannuation
Fund Update from
the Services
menu .
Hybrid
Trusts
Thrifty now offers Hybrid Trusts. Hybrid Trusts may be appropriate
in many cases for tax planning, estate planning, asset protection and
other purposes. Some of the
key features include:
·
Units may be
redeemed.
·
There is a
pre-emption provision in relation to the transfer of units.
·
Income
streaming provisions are included.
·
Provisions
for distributions of capital and income in proportion to units held with
provisions to stream income to the wider class of discretionary
beneficiaries.
·
The wider
class of discretionary beneficiaries includes (as defined in the deed)
related persons, companies and trusts.
·
Provisions
for reserves.
·
Broad
trustee powers.
· The discretionary beneficiaries are not entitled to any trust assets or income unless the trustee of the hybrid trust exercises discretion for their benefit. New Loyalty Program
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