Published on 28 May 09
by VICTORIAN DIVISION, THE TAX INSTITUTE
As the transitional rules for geared unit trusts draw to a close, a new age of direct borrowing by superannuation funds has arrived. Following recent falls in asset values, trustees of superannuation funds are increasingly turning to alternative investments.
This paper discusses tips and traps in documenting and structuring instalment warrant arrangements, including:
- trust deeds, loan agreements and guarantees
- stamp duty and tax considerations
- dealing with the banks
- borrowing where there are multiple purchasers
- borrowing where property improvement or development is intended.
Phil is a Principal, and heads the superannuation team at Sladen Legal. He provides advice to SMEs and high net worth individuals in relation to superannuation, SMSFs, estate planning, trusts, business structuring, duty and tax. Phil is a member of The Tax Institute's Superannuation Committee, National Superannuation Convention Committee and the Victorian Superannuation Education Sub-committee. He is also the chair of the Technical Committee for the Self-managed Independent Superannuation Funds Association (SISFA) and a regular attendee at the meetings of the ATO's Superannuation Industry Relationship Network (SIRN). Phil is a regular speaker and author of numerous articles. He has also lectured on superannuation for The Tax Institute's Applied Tax course.
- Current at
19 September 2016