SMSF Association Submission
The SMSF Association welcomes the opportunity to provide this submission in response to the Australian Taxation Office’s (ATO) draft determination TD 2023/D1.
We acknowledge that the ATO’s position, as set out in the draft determination, is in accordance with the operation of the legislation as it currently stands. This is due to the operation of the method statement in Income Tax Assessment Act 1997 (Cth) s 102-5 and the treatment of statutory income in s 295-10.
The operation of the law is complex and not immediately apparent. As such, we would encourage the ATO to clearly step out the application of the law to assist practitioners. Noting the operation of the law does not align with industry’s understanding on how non-arm’s length capital gains would be treated. This view is reinforced when we consider the language in the explanatory memoranda to Treasury Laws Amendment (2018 Superannuation Measures No. 1) Bill 2018.
Read the full submission below.