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Superannuation and pre-1999 unit trusts: The 30 June deadline and beyond paper

Published on 27 May 09 by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE

In the past it was possible for superannuation funds to invest in geared unit trusts (in effect, circumventing the borrowing restrictions). Restrictions were imposed on this investment opportunity in 1999 and transitional provisions have been in place since. The transition period expires on 30 June 2009, but pre-1999 unit trusts may remain valuable investments for super funds beyond that date.

This paper covers:

  • background - trusts and the in-house asset rules
  • transitional rules
  • action required before 30 June 2009
  • maintaining borrowings and cash-flow beyond 30 June 2009
  • unit trusts beyond 30 June 2009
  • case studies.

Author profile:

Daniel Jenkinson ATI
Daniel Jenkinson is a principal at DMAW Lawyers, practising in corporate and commercial law, with a particular focus on superannuation and financial services. He has had a particular interest in superannuation for more than 10 years and regularly acts for the trustees of APRA regulated funds, public sector funds, SMSFs, employers, accountants and other advisers in connection with all aspects of superannuation law. Daniel is a member of The Tax Institute’s Technical Resource Committee (SA). Current at 10 February 2016 Click here to expand/collapse more articles by Daniel JENKINSON.
 

This was presented at Preparing for Year End - Superannuation Strategies and Deadline for Pre 1999 Unit Trusts.

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