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Unlocking the value of SMSFs in acquisitions and business restructures

Taxation in Australia | 1 Feb 13
 
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Published on 01 Feb 13 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

Self-managed superannuation funds (SMSFs) have become one of the essential structuring tools available to professional advisers. They can offer some real opportunities for taxpayers wishing to restructure their existing wealth accumulation and asset holding structures. However, there are numerous pitfalls and traps to consider. This article is intended to highlight many of the opportunities, without understating the care required when involving SMSFs in a structuring exercise.

The article discusses “special purpose entities” (in this context, companies or unit trusts specifically established or restructured to fall within the exemption for certain investment assets provided by reg 13.22C of the Superannuation Industry (Supervision) Regulations 1994 (Cth)), non-arm’s length income derived by complying superannuation funds, limited recourse borrowing arrangements for the purpose of acquiring assets, geared unit trusts for involving SMSFs in property acquisitions and in-specie distributions, including tax and stamp duty aspects.

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Andrew SINCLAIR
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Peter SLEGERS
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