super funds	PROFESSIONALS	form	NAT 72440-01.2014	
Segment	Audience	Format	Product ID	

	Request for a self-managed superannuation fund product ruling 	

ABOUT THIS FORM
You should use this form if you want a ruling about how the Superannuation Industry (Supervision) Act 1993 (SISA) and the Superannuation Industry (Supervision) Regulations 1994 (SISR) apply to an investment by a self-managed superannuation fund (SMSF) in your product.
  We cannot give legally binding advice on how the super law would apply.

 We will only provide an SMSF product ruling (SMSFPR) where sufficient details can be provided. We may decline to provide this ruling. This decision to decline does not have formal review rights.
If the law applies less favourably to an SMSF that has acted on our advice in investing in your product, we would consider that favourably when exercising any discretion in response to a breach of the law.
We do not provide financial advice. By providing this ruling, we do not:
•	guarantee the commercial success of your product
•	provide assurance that any investment in your product is commercially viable
•	provide assurance that any charges are reasonable
•	provide assurance that projected returns are reasonable and will be achieved.
Trustees of an SMSF must form their own view on the commercial and financial viability of your product. 
Trustees must ensure that all of the SMSF’s investments are according to the SMSF’s properly formulated investment strategy that has regard to all the circumstances of the SMSF, including:
•	the risk involved in making, holding and realising, and the likely return from investments, having regard to its objectives and its expected cash flow requirements
•	the liquidity of the SMSF’s investments, having regard to their expected cash flow requirements
•	risks associated with inadequate diversification.
 SMSF product rulings have no application to superannuation funds other than SMSFs or former SMSFs that we currently regulate. A former SMSF is a fund that has ceased being an SMSF and has not appointed a registrable superannuation entity (RSE) licensee as trustee.

 For more information, we recommend you speak to an Australian licensed financial adviser. 

	Request for a self-managed superannuation fund product ruling 	
Section A: Contact details
1	Registered tax agents (if applicable)

Tax agent number	     	Phone number	(  )      	
		Fax number	(  )      	

2	Who is the contact person for this application?

Title	Mr	     	Mrs	     	Miss	     	Ms	     	Other	     	
	
Name	     	
Firm	     	
Relationship to product provider (applicant)	     	

3	 Contact phone number (if different from above)

(  )       	

4	Address for SMSFPR and related correspondence

Street address 	     	
or PO Box	     	
Suburb or town	     	
State or Territory               	     	Postcode	     	
Section B: Applicant information
5	Applicant details

Date of application	      /       /      			
Applicant 1 tax file number (TFN) /Australian business number (ABN)	     			
Name	     	

Applicant 2 TFN/ABN	     			
Name	     	
	
 If this application relates to more than two applicants, provide the name and TFN/ABN for each additional applicant in an attached document. 
Section C: Application details
You are required to disclose all documents relating to the arrangement you want the SMSFPR to address. If the information you provide to any question is insufficient, your application will be treated as invalid and the issuing of the SMSFPR may be delayed, or even declined.
When submitting an application, you must provide three identical paper copies of the application, including a completed application. If possible, provide an electronic copy of documents. 
You are also required to provide a draft response of the scheme, ruling and explanation sections of the proposed SMSFPR you want to receive. 
For more information, refer to SMSFPR 2009/1.
You must answer all of the questions in section C. Reference must be made to the exact location of each item of information in the page box. For example, annexure number, page and paragraph/clause reference. Responses such as ‘see draft ruling’ are unacceptable. 
If an item is not applicable to the arrangement, write ‘N/A’ in the reference box. If you are unable to provide any item, note in the ‘Outstanding items’ in part 3 why you are unable to provide the information. Additional information can be added in the space provided after each question.
If you have not previously lodged an application for SMSFPR, phone one of the SMSFPR contact officers. Contact details are available at our website at ato.gov.au 

PART 1 – General application details	Reference	
Applicant/agent information	
6. Applicant name
•	ABN (or other relevant ID number) and TFN (not mandatory)
•	Address
•	Contact details		
7. Who is authorised to make this application and what is the position they hold with the applicant? 
(This is not required if the applicant is an individual.)	

8. Agent/tax professional adviser name
•	Agent ID
•	Address
•	Contact details.		
About the SMSF product ruling	
9. List the questions to be considered in the SMSFPR.	

10. List the provisions of the SISA and SISR that apply to the SMSFPR, with reference to the questions asked in question 9.	

11. Has this application (or any similar application) previously been lodged with us on behalf of the applicant (or an associate of the applicant)?	

12. Have you applied for a product ruling (either an SMSFPR or a product ruling on the tax consequences of this arrangement) or has one been issued for this arrangement?	

13. The SMSFPR will be published and we will disclose the relevant names. Provide consent to disclose the applicant’s name and other parties named in the SMSFPR.	

Existing action	
14. Is the arrangement (or any similar arrangement) that this request relates to subject of a review, appeal or audit?	

15. List existing public rulings or determinations relating to the arrangement in this request.	

16. List any Requests for selfmanaged superannuation fund specific advice you are aware of that relate to the arrangement (or any similar arrangement) in this request.		

PART 2 – Arrangement details	Reference	
The arrangement	
 If you have already applied for a product ruling on the tax consequences of this arrangement (rather than an SMSFPR), you do not have to supply information requested at questions 18, 19, 20 and 23.	

	
17. Provide a brief overview (1-2 pages) of the arrangement, including:
•	the nature of the investment
•	intended life of the arrangement and minimum period of a participant’s involvement in the arrangement
•	entities involved and their relationships (contractual or otherwise).		
18. Provide a copy of all agreements relating to the arrangement. For example: 
•	loans, agreements
•	agreements relating to the acquisition of assets
•	agreements about the distribution of profits arising from the arrangement.		
19. Provide marketing materials and any promotional material issued or to be issued to:
•	participants
•	financial planners
•	advisers
•	commission agents.		
20. Provide written information made available to participants regarding their investment.	

	
Payments/flow of funds	
21. Provide details of the:
•	minimum initial payment/deposit
•	maximum initial payment/deposit
•	interest payments made over the course of the arrangement
•	any other payments made by the participant over the course of the arrangement. 
 In answering the third dot point above, indicate whether any interest will be capitalised over the course of the arrangement. 		
22. Provide a flowchart(s) detailing the flow of funds between:
•	the participant
•	the applicant
•	the manager
•	the financier
•	the trustee
•	any other entity in receipt of funds from the arrangement.
Show directors, shareholders, partners and beneficiaries of these entities and the residency status of each.		
Finance	
23. Provide a copy of the loan agreement and any other finance documents.	

Guarantees and indemnities	
24. Will there be any guarantees, indemnities, collateral contracts or collateral arrangements that investors or related parties can enter into for any aspect of the arrangement? If so, please give details.	

The case	
25. List the provisions of law (if any) relevant to the questions/issues raised in this application, giving:
•	legal reasons and authoritative support for the interpretation of the provision(s) relevant to the questions/issues
•	possible arguments contrary to the interpretation adopted, and legal reasons and authoritative support
•	all other material, relevant matters and sources of information we should be made aware of to ensure access to all the necessary facts and law
•	other legislative provisions relevant to the application - both Commonwealth and state.		
26. List the legal, policy, practical/commercial and other issues to be considered.	

27. List any special clauses for SMSF clients.	

28. Provide a draft of the scheme, ruling and explanations sections of a proposed SMSFPR for this arrangement. 
 For more information, refer to SMSFPR 2009/1.		

Documents required	
29. Check that you have:
•	provided full disclosure of all documents relating to the arrangement on which the SMSFPR is sought
•	noted in the outstanding items table provided at the end of the application details the reasons why information has not been provided
•	provided a signed declaration by the applicant that the material contained in the application is true and correct
•	provided draft sections of the proposed SMSFPR (as requested at question 28).		

PART 3 – Outstanding items	
Item	Why the item has not been supplied

The application will be treated as invalid until all outstanding items are provided.	
 
     	   
     	

Section D: Declaration and signature
Declaration
As applicant or authorised representative, by signing this form you are declaring that the information contained in this document and any attached documents, is true and correct.

Sign and date this application
Name	     	
Position	     
	
Signature	     
	
Date	     /     /          		
 How to lodge this form
Send your completed application to us either by:
•	faxing it to 1300 669 846
•	mailing it to:
Australian Taxation Office
PO Box 3100
Penrith NSW 2740

PRIVACY
The ATO is a government agency bound by the Privacy Act 1988 in terms of collection and handling of personal information and tax file numbers (TFNs) and Australian Business Numbers (ABNs). For further information about you and your client's privacy go to ato.gov.au/privacy.