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Unlocking the value of SMSFs in acquisitions and business restructures

Published on 01 Feb 13 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

Self-managed superannuation funds (SMSFs) have become one of the essential structuring tools available to professional advisers. They can offer some real opportunities for taxpayers wishing to restructure their existing wealth accumulation and asset holding structures. However, there are numerous pitfalls and traps to consider. This article is intended to highlight many of the opportunities, without understating the care required when involving SMSFs in a structuring exercise.

The article discusses “special purpose entities” (in this context, companies or unit trusts specifically established or restructured to fall within the exemption for certain investment assets provided by reg 13.22C of the Superannuation Industry (Supervision) Regulations 1994 (Cth)), non-arm’s length income derived by complying superannuation funds, limited recourse borrowing arrangements for the purpose of acquiring assets, geared unit trusts for involving SMSFs in property acquisitions and in-specie distributions, including tax and stamp duty aspects.

Author profiles

Andrew Sinclair CTA
Andrew is a partner in Cowell Clarke's Tax & Revenue practice group. As a tax and superannuation specialist with over 25 years' experience, his qualifications are in law and as a Chartered Accountant. With a broad knowledge of corporate and business law, Andrew has specialist expertise in supporting clients with tax effective structures and tax planning. He provides tax advice across CGT, GST and stamp duty, in matters involving restructures, privatisations, asset acquisitions and disposals. Andrew also advises clients on superannuation law including structuring, allowable investments, pension and succession strategies. Andrew actively supports the education and development of other practitioners in his field, providing both in-house and external presentations on taxation matters within South Australia and interstate. He is former chairman of The Tax Institute. Andrew's passion extends beyond law into sport. He is the current President of the South Australian Cricket Association (SACA). - Current at 12 January 2017
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Peter Slegers CTA
Photo of author, Peter SLEGERS Peter Slegers heads Cowell Clarke’s Tax & Revenue Group. Peter advises and acts for a wide range of public and private companies, as well as the trustees of SMSFs. His areas of expertise include income tax (as it impacts on business and high net worth clients), CGT, GST, state taxes and superannuation law. Peter also undertakes succession planning work and is involved in significant business restructures. Regularly involved in advising SMSF trustees on issues associated with superannuation income streams, he is the co-author of The Tax Institute title, SMSF Income Stream Guide. - Current at 06 June 2017
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