Div 296 – Is there an alternative?

If we assume that Div 296 will become law, the best we can do is to focus on what we might be able to change. Trying to deal with too many items just results in inaction so let’s assume that a non-indexed $3m cap will apply. That just leaves the calculation of the...

Div 296 – Let’s Just Take a Deep Breath

There are reports in the financial press today of panic selling of SMSF assets in light of Div 296. This is totally unnecessary. Let’s look at the facts. The measure is not law, but I believe it will become so, with a commencement date of 1 July 2025 so...

Div 296 is Back

Following the rout of the LNP in Saturday’s election the Labor government has won total control of the House of Representatives. The Senate will also be controlled by the Government, with the help of the Greens, so it is inevitable that Div 296 will be...

Be an Informed Voter

There are always multiple issues that determine the reasons that voters choose their preferred candidate. Here are a couple of considerations. If Labor, with the support of the Greens, control both houses of Parliament the legislation that would tax the unrealised...

Related Party Limited Recourse Borrowing Balance Check

In view of the draconian provisions of the non-arm’s length income rules, the administration of related party limited recourse borrowings requires careful attention. If the NALI provisions are triggered the net income generated by the asset, as well as its ultimate...

Sophisticated Investor Certificate Protection?

The classification as a sophisticated investor removes a great deal of adviser compliance activity and paperwork. It also means that the investor’s consumer protections exclude action by the Australian Financial Complaints Authority and the Compensation Scheme of Last...