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  • Profile photo of andyc2005andyc2005
    Participant
    @andyc2005
    Join Date: 2007
    Post Count: 3

    thanks for the ATO ruling raddles

    i take alot of comfort from the following paragraph…

    Circumstances that do not result in a contravention of paragraph 65(1)(b)

    17. Arrangements where an SMSF invests on commercial terms in an unassociated entity do not result in a contravention of paragraph 65(1)(b) if that unassociated entity, independently of the SMSF and in its own right and from its own resources, gives financial assistance to a member or member's relative.16

    would appear to me that based on para 17, a loan to an unassociated entity (eg a third party) at a commercial interest rate, wherein the funds were subsequently on-lent to a member at a higher interest would not contravene 65(1)(b)?
     
    do you agree?

    Profile photo of andyc2005andyc2005
    Participant
    @andyc2005
    Join Date: 2007
    Post Count: 3

    Does PartIVA of the Income Tax Assessment Act apply to the SIS Act?  Or is there an equivalent provision for 'scheme'?

    Thanks

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