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Part I - structure & practice paper

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.

Author profiles:

Denis BARLIN

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Ken SCHURGOTT
Ken is a tax and commercial law partner in the Sydney office of SBN Lawyers. He 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. Ken is a National Councillor of the Tax Institute and a member of the NSW Divisional Council and Education Committee. He is also a member of the Advisory Panel to the Board of Taxation and has recently been involved as a member of the Working Group on Managed Investment Trusts.
Current at 13 January 2009
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This was presented at Direct Gearing of Super Funds: The Instalment Warrant Revolution .

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