Part I - structure & practice paper
Publication date: 28 Apr 08
Source: NEW SOUTH WALES DIVISION, THE TAX INSTITUTE
Abstract:
Note that this paper was presented on both 28 February and 28 April at the events "Direct Gearing of Super Funds: The Instalment Warrant Revolution."
This paper covers topics such as:
- what are ‘instalment warrants'
- investment restrictions - issues to consider when a superannuation fund invests in an instalment warrant
- the prohibition against borrowing
- the legal relationships required to obtain the borrowing carve-out
- what is a ‘bare trust' relationship?
- borrowing carve-out - whether real property may be subject to an instalment warrant
- whether an investment in an instalment warrant is an ‘in-house asset'
- regulation 13.14 of the SIS Act
- superannuation fund trust deeds
- taxation implications.
Author profiles:
Denis Barlin FTIADenis Barlin, FTIA, is a Barrister at 13 Wentworth Selborne Chambers. Denis advises on taxes generally (both federal and state taxes), superannuation, equity and trusts, as well as asset protection. Denis also conducts disputes as an advocate in both state and federal tribunals and courts.
Current at 17 February 2012

Ken is a Tax and Commercial Law Partner in the Sydney office of Schurgott Noolan Pty Ltd. Ken has extensive experience in all aspects of tax (including state taxes) as well as business structuring, asset protection, succession planning and trust and estate law. He is a member of the Advisory Panel to the Board of Taxation and is presently heavily engaged in consultation in relation to the reform of the taxation of trusts.
Current at 09 May 2012
This was presented at
Direct Gearing of Super Funds: The Instalment Warrant Revolution.
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Installment warrants: Part I - Structure & practice
Author(s):
Denis BARLIN,
Ken SCHURGOTT
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Part I - structure & practice paper
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Installment warrants presentation
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Part II - Warrants in practice
Author(s):
Mark PAYNE
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Part II - Warrants in practice paper
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Warrants in practice presentation
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