News : NALI/NALE

ATO, NALI/NALE, Regulation, SMSF, Superannuation

No ATO guidance to define breaches

Illegal early access, ATO, SMSF Association National Conference 2025, Emma Rosenzweig, NALI, non-arms-length income,

The ATO has stipulated illegal early access of super benefits and SMSF loans to members do not warrant guidance as both are compliance breaches.

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Auditing, NALI/NALE

NALE identification role shared

Tax agents have a shared role with auditors in identifying where NALE has arisen in an SMSF and a failure to recognise it may be a breach of their obligations.

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NALI/NALE

Non-commercial costs can escape NALE

NALE, Accurium, Natalie Scott, ATO,

An SMSF expense that has not been incurred on commercial terms will not necessarily trigger the non-arm’s-length expenditure rules.

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NALI/NALE, Retirement

Pension-phase advice fees a NALE danger

An SMSF in pension phase can still breach the NALE rules if its members pick up the tab for advice fees that should be paid for by the fund.

An SMSF in pension phase can still breach the NALE rules if its members pick up the tab for advice fees that should be paid for by the fund.

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Auditing, NALI/NALE

Audits must ring-fence NALI risk

A significant number of SMSF trustees may be adversely affected by a recent AFCA determination regarding the wholesale investor definition.

Auditors should be clear they will not be liable for any historical NALI-related issues and have that stated in all client documentation.

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financial advice, NALI/NALE, SMSF, Superannuation, Tax

Recurrent NALE terminology clarified

The ATO has revised its definition of NALE that occurs in one income year but not the next as part of its new guidance on how it will administer the NALI regime.

The ATO has revised its definition of NALE that occurs in one income year but not the next as part of its new guidance on how it will administer the NALI regime.

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NALI/NALE, SMSF, Superannuation, Tax

LCR confirms post-acquisition NALE view

ATO revised draft guidance has amended the application of NALE to specific assets after their acquisition with regard to capital gains.

ATO revised draft guidance has amended the application of NALE to specific assets after their acquisition with regard to capital gains.

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NALI/NALE

LCR creates discount policy scrutiny

The application of discount policies for SMSF trustees may need further consideration following changes to rules regarding NALE.

The application of discount policies for SMSF trustees may need further consideration following changes to rules regarding NALE.

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