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[BUSINESS] · Australia · 2 sources

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SMSF compliance and lending regulations in Australia

Success and compliance for Australian Self-Managed Superannuation Funds (SMSFs) depend heavily on trustee behavior and governance rather than just asset selection. Key factors for long-term success include maintaining a deep understanding of all investments, ensuring strong documentation of decisions and valuations, and managing potential conflicts of interest.

Regarding lending, SMSFs face strict regulations from the Australian Taxation Office (ATO). Funds are prohibited from lending money to related parties, such as members, relatives, or business partners. While lending to third parties is permitted, it must align with the fund’s investment strategy and the trust deed. Additionally, any in-house assets—including certain loans or leases to related parties—must not exceed 5% of the fund’s total assets. All activities must satisfy the sole purpose test, ensuring the fund exists primarily to provide retirement benefits for its members.

Entities

Australian Taxation Office

Sources

15 days ago