Miscellaneous 2008

Speculating with real property

Source: South Australia

Published Date: 26 May 2008

 

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The removal of the RBL caps coupled with cashings from super funds being tax free after age 60 gives rise to different dynamics for SMSF trustees in their investment decision making. This can be expected to bring a fresh focus to the threshold issue of the functions to be performed by SMSF trustees. Is their function to make passive income producing investments on a risk adverse basis? Alternatively is it open to trustees with real property and entrepreneurial capabilities to utilise those capabilities in the discharge of their trustee duties? This also gives rise to a demarcation issue as to what is properly the trustee function and what is more appropriate by way of third party service provision. These are important technical and practical issues which trustees, their advisers and the Regulator will need to be focusing on in the near future. Topics covered in this paper include:

  • abolition of RBLs and incentive to optimise returns
  • when is income non arms length income?
  • can SMSFs conduct property developments/subdivisions?
  • can trustees utilise their "day job" expertise?
  • when is the trustee acting as trustee as distinct from service provision?
  • documentation of related party dealings.

Individual Session

Case study - instalment warrants and property speculation

Author(s): Stephen Heath
Materials from this session:

Details

  • Published By: Stephen Heath
  • Published On:26 May 2008
  • Took place at:Hyatt Regency, Adelaide

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research critisism or review, as permitted under the copyright Act, no part may be rerpoduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

This material is copyright. Apart from any fair dealing for the purpose of private study., research, critisism or review, as permitted under teh copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opininons are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

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