BGL has found some interesting SMSF industry trends in our 200+ million Simple Fund 360 transactions.
By Joseph Cheung ([email protected]), Lawyer and David Oon ([email protected]), Senior Associate, DBA Lawyers
A reg 13.22C non-geared unit trust (‘NGUT’) is not included as an in-house asset (‘IHA’) at the time of the initial investment provided certain criteria is met. Some trustees may think that they are investing in a reg 13.22C NGUT on the basis that the unit trust does not have outstanding borrowings. However, there are other criteria that must be satisfied in order for the NGUT to be properly categorised as a reg 13.22C NGUT. This article explores some of the criteria required for an investment to be a reg 13.22C NGUT and the events that can occur to cause the investment to no longer be a reg 13.22C NGUT. These events will typically lead to the investment becoming an in-house asset where the trust is controlled or majority controlled by related parties.
By Gary Chau ([email protected]), Lawyer, and David Oon ([email protected]), Senior Associate, DBA Lawyers
The Australian Prudential Regulation Authority (‘APRA’) has just updated its Superannuation Prudential Practice Guide SPG 280 — Payment Standards (‘SPG’) in June 2017.
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