News : Property

NALI/NALE, Property

Undervalued trust units a NALI risk

trust NALI

SMSFs purchasing low value stakes in interposed entities to develop property will need to prove they were at market value to avoid breaching NALI provisions.

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ATO, Property

Home purchase schemes a concern

ATO residential property scheme SMSF

Schemes promoting the use of an SMSF to purchase a residential home for use by fund members have been flagged by the ATO as likely breaching a number of superannuation laws.

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Property, SMSF, Trusts

Business property leases critical

Business real property leases

Advisers need to satisfy all elements involved when looking to comply with the in-house asset rules relating to commercial property.

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ATO, Property, SMSF

Property project checking a must

Property development

The progress of property developments in which SMSFs are invested need to be continually monitored to avoid compliance breaches.

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NALI/NALE, Property

Compliance risks with property developments

NALI property development

SMSFs risk tainting an entire property development project with NALI if they at any point use non-arm’s-length arrangements that give the fund an advantage.

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LRBA, Property, SMSF

LRBA interest rate pain coming

LRBA interest rate

SMSF trustees using a related-party LRBA and adhering to the PCG 2016/5 safe harbour rules will be facing a significant interest rate hike in 2023/24.

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ATO, Compliance, NALI/NALE, Property

SMSF projects probed for NALI breaches

SMSF property NALI

The ATO has cautioned SMSF trustees and advisers about potential NALI breaches in property development projects and, in an unrelated announcement, disqualified over 200 SMSF trustees.

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ASIC, Property, SMSF

Unlicensed SMSF property scheme wound up

unlicensed SMSF scheme

The Federal Court has ordered an unlicensed SMSF investment scheme to be wound up and a lifetime ban from managing corporations for one of its directors.

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Property, Retirement

Equity release used to manage inflation

Home equity release

Older Australians are increasingly using home equity release schemes to refinance their mortgages and pay off debts due to rising living costs and interest rate increases.

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Property

Future value of property needs disclosure

SMSF future value

SMSFs purchasing property earmarked for development should have it valued for its future worth to prevent breaching acquisitions valuation rules.

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