Structuring SMSFs dealings with related parties

National Conference 2022

In this workshop we will consider some popular technical and practical issues for an SMSF dealing with related parties. We will examine and learn from case studies on questions including:

  • How is a ‘related party’ dealing relevant for the non-arm’s length income (NALI) rules and how do you prove a dealing was at ‘arm’s length’?
  • When an SMSF invests in an ‘excepted’ related party (eg, non-geared unit trust), what are the common mistakes that will lose the exception

At the end of this session, you will understand and be able to advise on:

  • The meaning of ‘dealing at arm’s length’ for the NALI provisions and how to prove it.
  • The interaction of partnerships with the in-house asset rules.
  • The concept of control and sufficient influence for the in-house asset rules based on the latest case law authority.
  • Common pitfalls for exempted related party investments.

The contents of this resource are taken to be correct at the time of publication.

Disclaimer: Technical Papers contain general advice only and are prepared without taking into account particular objectives, financial circumstances and needs. The information provided is not a substitute for legal, tax and financial product advice. Before making any decision based on this information, you should assess its relevance to the individual circumstances of your client. While the SMSF Association believes that the information provided is accurate, no warranty is given as to its accuracy and persons who rely on this information do so at their own risk. The information provided in this bulletin is not considered financial product advice for the purposes of the Corporations Act 2001. © SMSF Association