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Debate heats up around $10k cash ban bill
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There’s still time to move to Single Touch Payroll (STP)
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Real Time World Population Growth - Wow!!
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ATO audits continue to target Lifestyle assets
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Property deduction errors down to ‘lack of understanding’: ATO
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Data can be great stuff! - Australia
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GST refunds for returned imported goods
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14k employers, $230m in super: Financial Services Minister defends proposed SG amnesty
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Bushfires 2019–20 (ATO)
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Accounting profession responds to bushfire crisis
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Helping your business survive a natural disaster - ATO
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Single Touch Payroll (STP) – now ensure super is paid on time.
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Beware of Australian Taxation Office (ATO) impersonation scams
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Australia by the Numbers
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‘Visible, valued and owned’: ATO outlines super priorities for new year
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Introductory Rates & Interest Free Periods
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Our Advent calendar for 2019
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Tax Office sounds warning on 8 types of super schemes
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Don’t forget sharing economy income
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Impress your friends with your knowledge!!
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Salary sacrificing and the superannuation guarantee
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Why so much super “stuff” this year?
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Reverse Mortgage?
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How the gig economy could create hidden tax issues for contractors and employers
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15,000 tip-offs as ATO black economy hotline rings hot
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What happens when interest rates hit the floor?
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Director Penalty Notices (DPN)
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Synchronised global economic slowdown
Article archive
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Quarter 4 October - December 2019
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Quarter 4 October - December 2018
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Quarter 4 October - December 2017
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Quarter 1 January - March 2017
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Quarter 4 October - December 2016
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Quarter 1 January - March 2016
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Quarter 4 October - December 2015
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Quarter 3 July - September 2015
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Quarter 2 April - June 2015
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Quarter 1 January - March 2015
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Quarter 4 October - December 2014
Quarter 1 of, 2017 archive
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Impending GST changes good news for SMEs
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SMSF related-party borrowing arrangements
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Primary Producer Income Tax Averaging
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Active vs passive assets and the small business CGT concession
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ATO issues further taxpayer alerts on key focus areas
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Borrowed money to pay a business tax debt? Is the interest deductible?
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Online Selling
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The dangers of income splitting
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Clients failing on depreciation front - property investment
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Home office deductions: What substantiation will the ATO accept?
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ATO advises accountants on client data swoop
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ATO issues stern reminder on new backpacker tax
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Debt Recovery
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Government takes next step in tax cheats crackdown
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Car salary packages and the deductibility of after-tax running costs
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Choosing an Executor
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ATO fires warning shots at cash economy exploiters
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Getting a tax valuation from the ATO
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5 tips to get home office deductions right
SMSF related-party borrowing arrangements

Will a borrowing arrangement by a SMSF pass the smell test?

       

The Australian Taxation Office (ATO) has issued a taxation determination concerning non-arm’s length income (NALI) of a self managed super fund (SMSF) when the parties to a scheme have entered into a limited recourse borrowing arrangement (LRBA) on terms which are not at arm’s length.  If you fail this smell test the tax rate becomes 47%.

The ATO has also updated a practical compliance guideline which sets out the Commissioner’s “safe harbour” terms for LRBAs. If an LRBA is structured in accordance with the guideline, the ATO will accept that the LRBA is consistent with an arm’s length dealing and the NALI provisions (47% tax) will not apply. 

Trustees who do not meet the safe harbour terms will need to otherwise demonstrate that their LRBA was entered into and maintained consistent with arm’s length terms.

 

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