Technically Speaking: Appointment of a parent or guardian as Trustee

At a recent National Tax Liaison Group Superannuation Sub-group (NTLG) meeting, the Australian Taxation Office (ATO) clarified the operation of subsection 17A(3)(c) of the SIS Act in situations where a SMSF has a corporate trustee and there is a member of the fund who is under a legal disability because of age.

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

Disclaimer: Technical Papers contain factual information only and are prepared without considering particular objectives, financial circumstances and needs. The information provided is not a substitute for legal, tax and financial product advice. The information contained in this document does not constitute advice given by the SMSF Association to you. If you rely on this information yourself or to provide advice to other persons, then you do so at your own risk. The SMSF Association is not licensed to provide financial product advice, legal advice or taxation advice. We recommend that you seek appropriate professional advice before relying upon the information in this technical paper. 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 paper is not considered financial advice for the purposes of the Corporations Act 2001. © SMSF Association