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SMSF limited recourse borrowing - The old, the new and the controversial paper

Published on 27 Oct 10 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • why was the limited recourse borrowing exception changed?
  • a summary of the old and new borrowing requirements
  • asset requirements
  • limited recourse requirements.

Author profile

Philip Broderick CTA
Phil Broderick, CTA, is a principal of Sladen Legal and heads its Superannuation team. He is member of a number of superannuation-related committees. This includes being the chair of The Tax Institute’s Superannuation Committee and the chair of SISFA’s Technical Committee. He is also a member of number of the ATO’s superannuation liaison groups, including the Superannuation Industry Relationship Network (SIRN) and the Superannuation Industry Stewardship Group (SISG). He is also heavily involved in liaising with Treasury and the ATO in relation to the implementation of new superannuation laws and administrative practices. Phil is listed in the 2020 Best Lawyers for Superannuation Law in Australia. Phil’s areas of practice include superannuation, estate planning and succession, duties and state taxes, trusts, federal tax and business structuring. He is a regular author and presenter. His articles have featured in The Tax Institute’s Taxation in Australia journal and CCH’s Super News. He has presented at seminars and conferences conducted by The Tax Institute, the Television Education Network, Legalwise and various accounting bodies. - Current at 31 October 2019
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