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Employee or independent contractor: What happens when it goes wrong?
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Single Touch Payroll (STP) reporting irregularities: ATO contacting businesses
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Employee entitlements, ‘wage theft’ and Fair Work: Why it’s time to be proactive
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How's Australia really doing - the real figures?
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Pension deeming rates cut from 1 July 2019
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Audit warning sounded as ATO clamps down on dodgy claims
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New ATO data-matching program – overseas movement data and HELP debt
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ATO black economy strike force heads to Brisbane
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Access to more resources and tools than most websites.
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Tax Return Mistakes
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SMSF advice appetite strong, says ASIC
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Taxpayers confused by Scott Morrison’s $1,080 tax refund
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Common STP set-up mistakes - ATO
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Proposal to hold directors liable for GST set to pierce corporate veil
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September 2019 - vital statistics for Australia
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Tax Commissioner wants to turn black economy to ‘lighter shade of grey’
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Changes to the Private Health Insurance Statement
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Up to 9 in 10 ‘other’ expenses adjusted as ATO reveals dodgy claims
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Downsizer Super Contribution
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Tax payers to receive beefed up tax returns.
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10 top global corporations since 1998
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Catch-up Contributions
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Life Insurance
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Community tip-offs trigger ATO visits
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Australia at a glance
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2019: Tax Time Checklists - Individuals; Company; Trust; Partnership; and Super Funds
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Small business clients need to be ready for STP by 30 September
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Big four firm outlines new financial year checklist for SMSFs
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Alert - Online Share Accommodation
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ATO flashes warning over $7.2bn car expenses claims
Article archive
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Quarter 3 July - September 2019
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Quarter 4 October - December 2016
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Quarter 4 October - December 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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