News : NALI/NALE

NALI/NALE

NALE repeal rejection explained

Treasury NALE NALI repeal SIS Act joint bodies submission

Treasury has outlined some of the reasons it has rejected industry calls to repeal the NALE regime, noting it was best suited to address non-arm’s-length issues within SMSFs.

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NALI/NALE

IFPA wants NALE law removed

Institute of Financial Professionals IFPA Senate Economics Legislation Committee NALE repeal

The government has been encouraged to remove the provisions pertaining to NALE in the relevant bill before parliament.

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Commercial Property, Compliance, NALI/NALE, Property

Lease pre-payment a NALI risk

NALI Lease pre-payment Business real property Related-party tenant

SMSFs accepting advance payments from a related-party tenant for leasing business real property have been warned such an arrangement may expose the fund to NALI.

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Auditing, NALI/NALE

Dig deep for NALI compliance

SMSF auditors NALI NALE compliance

The activities of all participants in an SMSF property development scheme should undergo scrutiny for compliance with NALI/E provisions, rather than just the SMSF itself.

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Compliance, Legislation, NALI/NALE, Tax

NALE bill doesn’t extend amnesty

NALE ATO Non-arm's length expenditure PCG 2020/5

SMSF trustees cannot rely on PCG 2020/5 from 1 July 2023 to avoid a severe tax penalty should they incur non-arm’s-length general expenses.

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NALI/NALE

Boost SIS Act to address NALE

SMSF NALE NALE SIS Act Senate committee

An existing piece of legislation can be tweaked to carve out a specific treatment for non-arm’s-length arrangements for SMSFs without having to introduce a new and uneven super tax model.

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NALI/NALE

IFPA calls on senators to reject NALE

NALE IFPA Senate Economics Legislation Committee

IFPA has told a senate committee a bill to address NALE is excessive and should be dropped in favour of returning to a previous legislative solution.

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NALI/NALE, Tax

Deductibility not a NALE criteria

NALE expenses tax deduction capital

SMSF trustees should not assume a particular expense will not be captured by the NALE rules simply because it is not tax deductible to the fund.

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ATO, NALI/NALE

Ruling shows NALE application

NALE SMSF trustee capacity non-arm's length expenditure

The ATO has indicated financial services professionals who act on behalf of their own fund must do so in a trustee capacity only to avoid being hit with NALE taxes.

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Documentation, NALI/NALE, SMSF

Zero fees a NALE trap

SMSF fees zero NALE

SMSF practitioners bundling service fees into other costs paid by a trustee will raise questions as to what has been charged and may lead to the ATO viewing that charge as a NALE breach.

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