It has been confirmed the new Labor government has been notified about the flaws in the non-arm’s-length expenditure legislation.

The NALE provisions regarding general expenditure may not be as severe as first thought due to details regarding these items in the ATO’s ruling.

Superannuation advisers have been urged to take a more proactive stance on the non-arm’s-length expenditure law to expedite a satisfactory solution.

SMSF investments in fixed unit trusts may not be able to avoid the non-arm’s-length income provisions due to the underlying assets involved.

The application of NALE provisions to property is a worst-case response to people who have been abusing in-specie transfer rules.

SMSF trustees provided services in a unit trust may be breaching NALE provisions and should consider using third parties to act for them.

A proposed amendment to the contribution rules with regard to non-arm’s-length expenditure will have a significant negative impact on SMSFs.