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ARTICLE · 30 MAY 2013

Related party lending and SMSFs — have the ATO really given a ‘carte blanche’?

This article explores what constraints exist when setting the interest rates and terms of a related party SMSF loan.

AustraliaFinance and Banking

By Bryce Figot and Daniel Butler

Introduction

Comments by the ATO in the June NTLG Superannuation Technical Sub-group suggest that below market value interest rates do not constitute a contribution. This has caused much 'interest' (pun intended) in the SMSF community. This article explores what constraints still exist when setting the terms of a related party SMSF loan.

The exact comments

The ATO were posed the question:

If a related party lender offers a discounted rate of interest to an SMSF under a section 67A borrowing arrangement, would the discount be considered a contribution received by the SMSF?

They responded:

No. The absence of a requirement to pay interest on money loaned to the trustee does not increase the capital of the fund.

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