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Non-arm’s length income – the important changes, must know issues and key strategies paper

Member Price: $57.00
Non Member Price: $75.00

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Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 24 Nov 22 by NATIONAL DIVISION, THE TAX INSTITUTE

The ATO has adopted an extremely broad view on what is NALI. There is also the potential for certain amounts to be both NALI and a contribution. The ATO are still consulting on the difference between what might be NALI versus a contribution. There is now currently considerable uncertainty on many common place strategies which we will seek to clarify. This paper provides an overview of:

  • NALI/NALE – the key risks and latest developments
  • NALE with specific expense versus general expense nexus
  • What can a trustee do without invoking NALI
  • The ATO’s latest views on what is a contribution versus NALI (consultation draft ruling TR 2010/1-DC)
  • SMSF purchase 50% of business real property from a related party and the related party contributes the remaining 50%
  • What documentation is required to minimise risk.

Author profiles

Daniel Butler CTA
Photo of author, Daniel BUTLER Daniel Butler, CTA, is one of Australia’s leading SMSF lawyers and has worked predominantly in the SMSF, tax and related fields for over 40 years. He is a regular presenter on SMSF topics and has published extensively in professional journals including contributing a monthly article on SMSFs to the Taxation in Australia and other media. Dan is a member of the Tax Institute’s National Superannuation Committee and is involved with a number of other tax and SMSF committees and discussion groups. Dan also presents on the subject Taxation of Superannuation at the University of Melbourne’s Master of Laws/Tax program. Dan is also a Specialist SMSF Advisor. - Current at 15 January 2025
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Shaun Backhaus
Shaun is a Senior Associate at DBA Lawyers where his work focuses on superannuation, trusts, and taxation. Shaun has appeared in numerous publications, and also presented on SMSF and related topics around Australia. Shaun holds a Bachelor of Laws and Bachelor of International Business and recently completed a Master of Laws from Melbourne University. Shaun is also a Specialist SMSF Adviser. - Current at 16 June 2022
Click here to expand/collapse more articles by Shaun Backhaus.
Bryce Figot CTA
Bryce Figot is also recognised as one of Australia’s leading SMSF lawyers. He has worked predominantly in the fields of tax and superannuation since 2001 and holds a Master of Laws from the University of Melbourne. Bryce is a regular seminar presenter on tax and SMSF topics and has published extensively in these areas. Bryce regularly presents for the major professional bodies including the SMSF Association, CPA Australia, The Tax Institute, Chartered Accountants Australia and New Zealand and DBA Network. Bryce is regularly quoted and published in the Australian Financial Review, the Herald Sun, CCH and LexisNexis publications, and elsewhere in the financial press. Bryce wrote the book Complete Guide to SMSFs: Planning for Loss of Capacity and Death, published by CCH Wolters Kluwer. Bryce is on the editorial panel of LexisNexis’ Australian Superannuation Law Bulletin. He is a Senior Fellow at the University of Melbourne’s Law School, where he is the subject coordinator of Taxation of Superannuation. Bryce is a Specialist SMSF Advisor™ as well as being a Chartered Tax Adviser. - June 2025 - Current at 30 June 2025
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This was presented at Private Business Tax Retreat .

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Non-arm’s length income – the important changes, must know issues and key strategies

Author(s):  Daniel BUTLER,  Shaun Backhaus,  Bryce FIGOT

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