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Limited recourse borrowing arrangements by self-managed super funds - questions and answers

 
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Scope and purpose of this document

This document provides general information on the Australian Taxation Office's (ATO) current views about issues that trustees of self-managed super funds (SMSFs) may need to take into account when considering entering into a limited recourse borrowing arrangement. It also provides guidance regarding the application of the superannuation law (specifically the Superannuation Industry (Supervision) Act 1993 and related super rules) to such arrangements.

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This document does not deal with tax issues other than general references when discussing the application of the super law.

Last Modified: Friday, 29 June 2012

 
Table of contents
Scope and purpose of this document
What is limited recourse borrowing?
Is an SMSF right for you?
Is limited recourse borrowing right for your SMSF?
Matters trustees should take into account
General prohibition on borrowing
Requirements under the super law for limited recourse borrowing by super trustees
Changes to other laws relating to limited recourse borrowing arrangements
Consumer protection changes
The arrangement and refinancing
The loan and the lender
Lenders recourse and charging the asset being acquired
The asset being acquired and replacement assets
The in-house asset rules
The holding trust
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