News : NALI/NALE

Compliance, NALI/NALE, Property, SMSF

Commercial lease negates NALI

NALI

A rise in the market value of an SMSF property is unlikely to trigger the NALI rules if a commercial lease with the tenant exists.

read more
AAT, NALI/NALE

AAT case indicates requisite attention to detail

AAT NALI case details SMSF Association

SMSF practitioners need to demonstrate great attention to detail when assessing situations involving related parties not based on commercial terms.

read more
Compliance, LRBA, NALI/NALE, SMSF

Dual LRBAs feasible but complex

Related-party commercial LRBA NALI ATO SIS

SMSFs can use commercial and related-party LRBAs to purchase an asset, but may struggle to get past lending criteria and the NALI safe-harbour provisions.

read more
ATO, NALI/NALE, Tax

NALI case shows exact evidence need

AAT NALI evidence

SMSFs gathering evidence to prove arrangements do not breach NALI provisions have been shown the level of detail needed to defend a challenge in a recent AAT case.

read more
Administration, Compliance, Management, NALI/NALE, SMSF

AAT overturns NALI interest ruling

NALI interest income AAT

The AAT has ruled interest derived from a complex lending arrangement established by an SMSF trustee was not NALI despite the arrangements being at non-arm’s length.

read more
Investments, NALI/NALE, SMSF

Ask clients for arm’s-length proof

arm's-length evidence

Given the complexity of some investment arrangements, SMSF trustees should be providing evidence they have acted on an arm’s-length basis.

read more
NALI/NALE, SMSFA

NALI can still taint all fund income

NALE general expenses

It is still possible for the entire income of an SMSF to be taxed at the NALI penalty rate under the NALE bill currently before parliament.

read more
Compliance, NALI/NALE, SMSF

NALI based on actions, not parties

NALI actions parties

The nature of the dealings and not the relationship between parties is the key focus of the NALI provisions and is confusing some practitioners.

read more
NALI/NALE

NALE materiality a compromise

NALE materiality SMSF

The ability for SMSF auditors to decide if a NALE issue is worth flagging with the ATO may be a compromise position on the issue for the sector.

read more
Auditing, NALI/NALE

NALE materiality still not clear

SMSF auditors NALE

SMSF auditors will be tasked with deciding when non-arm’s-length expenditure is reasonable despite the lack of certainty on the issue but may find a solution exists in current ATO guidance.

read more

Copyright © SMS Magazine 2024

ABN 80 159 769 034

Benchmark Media

WordPress website development by DMC Web.