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On 17 April 2009, the ATO issued Taxpayer Alert TA 2009/8 entitled "Exploitation of 1999 superannuation transitional provisions to obtain taxation and regulatory benefits".

The Taxpayer Alert describes an arrangement that involves the transfer of benefits associated with the 1999 "transitional provisions" for self-managed superannuation funds (SMSFs) with pre-existing interests in unit trusts. The concern is that these arrangements (involving previously inactive SMSFs) may not satisfy the requirement that the pre 1999 SMSF has to be continuously maintained to provide retirement benefits to members both before and after its sale.

In a media release issued on the same day, the ATO warned people to be cautious of arrangements being promoted that involve the sale of an inactive pre 1999 self-managed super fund (SMSF) with a related unit trust.

For a copy of TA 2009/8, go here.

For a copy of the ATO media release, No 2009/27, 17 April 2009, go here.

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