News : LRBA

Division 296, LRBA, SMSF, Superannuation, Tax

LRBA carve-out inconsistent

Plans to carve out LRBAs from the total super balance figures used to calculate Division 296 tax highlight the irregularities around their inclusion within TSBs.

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LRBA

Bare trust restricts asset treatment

Bare trust, limited recourse borrowing arrangement, LRBA, loan SIS Act, ASF, Shelley Banton, single acquirable asset, SMSF, self-managed super, self-managed superannuation, charge over an asset, related party, PCG 2016/5

Certain restrictive conditions will apply to an asset that is left in a bare trust after an LRBA has been paid off.

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LRBA

One LRBA can apply to multiple assets

LRBA, borrowing,

More than one property asset title can be acquired using a single limited recourse borrowing arrangement in certain situations.

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Education, LRBA, SMSF, Superannuation

LRBA rate gap a driver for change

The growing gap between the safe harbour interest rate for an LRBA and those on offer from commercial lenders may push some SMSFs to seek new borrowing arrangements.

The growing gap between the safe harbour interest rates for an LRBA and those on offer from commercial lenders may push some SMSFs to seek new borrowing arrangements.

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LRBA

LRBA and release conditions warning

The combination of certain conditions of release and an LRBA may close off an SMSF to future contributions.

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LRBA

Refinanced LRBA usage limited

LRBA, SIS Act, Heffron, Leigh Mansell, 

SMSFs using a refinanced LRBA for costs unrelated to the loan will breach the very narrow borrowing provisions that apply to these arrangements.

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LRBA, NALI/NALE

Revised LCR maintains stance on LRBAs

Self-managed superannuation SMSF Law Companion Ruling LCR 2021/2DC NALE non-arm’s-length expenditure LRBA limited recourse borrowing arrangement DBA Lawyers Fraser Stead

The changes to the operation of the NALE rules have not flowed through to LRBAs, with the ATO’s revised guidance seeing non-arm’s-length dealings as tainting the arrangement forever.

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