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On Monday 23 March 2015, Daniel Butler CTA (DBA Lawyers) attended a meeting of the ATO Superannuation Industry Relationship Network. The purpose of the meeting was to provide feedback on an ATO Discussion Paper on Trusts/SMSF Compliance. The discussion paper outlined a proposed ATO compliance approach to non-arm’s length income (NALI) from discretionary trust distributions to SMSFs. 

The ATO records suggest that a considerable number of discretionary trust distributions are being made to SMSFs. However, the ATO reports may be distorted by incorrect coding and the ATO are likely to do a distribution to a target group. 

 The Tax Institute will also be lodging a written submission to this Discussion Paper which should be available on our website once lodged. 

Members seeking further information on the above should contact us at