Published on 28 Apr 08
by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE
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.
Denis is a Barrister at 13 Wentworth Selborne Chambers. He 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
02 June 2015
Ken is a Solicitor - Director of Schurgott & Co Lawyers specialising in taxation matters (including State Taxes, stamp duty, payroll tax and land tax) and with extensive experience in business structuring, business sales and acquisitions, asset protection, succession planning and trust and estate law. Ken is very experienced in tax dispute matters, negotiations for settlements, mediations and conciliations and litigation. He regularly appears before the AAT and NCAT and instructs counsel in matters before the Courts. Ken was National President of the Institute in 2012.
- Current at
16 January 2019