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  • When we may decline to provide SMSF specific advice

    We may decline to provide SMSF specific advice in certain circumstances:

    • if we are considering, or have already considered, this issue for you - for example, in an ATO audit relating to the particular question
    • if we ask you to provide information we need and you do not provide it within a reasonable time
    • if the Commissioner considers that making the SMSF specific advice would prejudice or unduly restrict the administration of the law
    • if the Commissioner considers that
      • your application is frivolous or vexatious
      • you are not seriously contemplating the arrangement you describe, or providing the advice would not have any practical consequences (for example, if the period for making the proposed investment has expired) 
       
    • if the Commissioner chooses to exercise a power available under the law, rather than provide advice on how that power would be exercised
    • if the Commissioner considers that the correctness of the SMSF specific advice depends on certain assumptions, and chooses not to provide SMSF specific advice subject to those assumptions.
    Last modified: 13 Aug 2021QC 22130