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The current state of limited recourse borrowing paper

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Published on 04 Aug 11 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • why was the limited recourse borrowing exception changed?
  • a summary of the old and new borrowing requirements
  • asset requirements
  • limited recourse requirements
  • refinancing
  • in-house asset rules
  • the custodian trust
  • tax issues.

Author profile

Philip Broderick CTA
Phil Broderick, CTA is a principal of Sladen Legal and heads its superannuation team. He is member of a number of superannuation related committees, including being a member and the former chair of The Tax Institute’s superannuation committee and director and chair of the Institute of Financial Professionals Australia technical and policy committee. He is also a member of the ATO’s the Superannuation Industry Stewardship Group . Phil is also heavily involved in liaising with Treasury and ATO in relation to the implementation of new super laws and administrative practices. Phil’s areas of practice include superannuation, duties and state taxes, estate planning and succession, trusts, federal tax and business structuring. Phil was listed in the 2020 to 2026 Best Lawyers Australia for superannuation law and in 2026 for tax law, was recommended in Doyles leading Victorian tax lawyers for 2021 and 2023 and was the winner of the SMSF Association’s SMSF Specialist Advisor (SSA) Top Achiever Award in 2019. - Current at 21 July 2025
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