Skip to main content

Your shopping cart is empty

Superannuation: SMSF borrowings: The intricacies of the holding trust


The ATO considers that a holding trustee placing a charge over an asset precludes it from being a bare trust. Various industry groups argue that this does not stop the trust from being a bare trust.

Author profiles:

Nathan Papson CTA
Nathan is a lawyer with DBA Lawyers. Current at 01 June 2012 Click here to expand/collapse more articles by Nathan PAPSON.
Author Photo - Daniel Butler CTA
Daniel Butler CTA
Dan is one of Australia's leading SMSF lawyers and has worked predominantly in the SMSF, tax and related fields for over 30 years. He is a regular presenter on SMSF topics and has published extensively in professional journals including contributing a monthly article on SMSFs to the Taxation in Australia and other media. Dan is a member of the ATO's Superannuation Industry Relationship Network (SIRN), the Chair of The Tax Institute's National Superannuation Committee, a member of the Law Institute of Victoria's Tax Committee, and is involved with a number of other tax and SMSF committees. Dan presents on the subject Taxation of Superannuation at the University of Melbourne's Master of Laws/Tax program. Dan is also a CTA and a Specialist SMSF Advisor. Current at 19 September 2016 Click here to expand/collapse more articles by Daniel BUTLER.
Copyright Statement