News : NALI/NALE

NALI/NALE

Government reviewing NALE impact

SMSFs NALE impact

The government is looking at the impact of NALE provisions on SMSFs and may offer a solution, according to an industry body.

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NALI/NALE

NALE cash settlement safer

NALE cash

Paying for SMSF services with cash so as to comply with the non-arm’s-length expenditure rules is unnecessary, but probably more prudent.

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Contributions, NALI/NALE

Asset transfers hang on final ATO decision

Assets transfer contribution

SMSF members moving assets into their fund as a partial non-concessional contribution should wait until the ATO’s final decision as to whether the move will fall under NALI provisions.

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Investments, NALI/NALE

Limits needed for work on assets

trustee work assets limits

The absence of limits on work on an asset by an SMSF trustee is likely to create confusion around what will fall under non-arm’s-length expenditure provisions.

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NALI/NALE

Post-fact fixes will not prevent NALE hit

NALE asset value

SMSF members will not be able to recast undervalued assets in their fund as a member contribution and will face the full impact of NALE without documentation.

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NALI/NALE

Pro bono work can pass NALE rules

pro bono NALE rules

The provision of pro bono services to an SMSF is not automatically outlawed by the NALE rules as defined by the ATO in LCG 2012/2.

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NALI/NALE

NALE requires deep analysis

NALE rules

Detailed analysis of a situation where an SMSF trustee provides a service to their fund without charge is required to discover if the NALE rules have been triggered.

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Documentation, NALI/NALE

Related-party leasing documents too vague

related-party lease

SMSFs with related-party leases must provide more details around the arrangements to demonstrate they are at arm’s length under the recently finalised NALE rules.

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NALI/NALE

Acceptable NALE fee defined

NALE fee

Trustees have been provided with guidance as to what might constitute an appropriate service fee that will satisfy the non-arm’s-length expenditure rules.

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ATO, NALI/NALE

ATO looking deeper into NALE issues

ATO NALE

The ATO’s final ruling on NALE is being reinforced by investigative work into how the SMSF sector has been using non-arm’s-length arrangements.

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