Change to non-arm’s length expenses (NALE) provisions are unlikely but better guidance on its application will be forthcoming, according to an SMSF technical expert.

Established and tested tax case law should inform how the ATO will treat non-arm’s-length expenditure (NALE) within an SMSF, an SMSF lawyer has suggested.

Trustees have yet to find an acceptable reason to avoid excess transfer balance tax with recent cases proving the onus lay with them to get it right.