SMSF practitioners and trustees have been warned that the ATO will be closely watching where an additional SMSF is set up purely to circumvent the new segregation rules.
PwC director of private clients Liz Westover said SMSF practitioners or trustees who are thinking about setting up two SMSFs essentially to try and circumvent the segregation rules should be very careful about the decision-making process around that.
“If you are doing it purely for tax purposes, you might have a part 4A issue,” said Ms Westover.
This isn’t to say a trustee can’t set up two funds, she said, but there must be other reasons as to why they’re doing that.
“So don’t set up two funds to try and have one $1.6 million pension account and one other account,” she said.
“If it’s purely for tax you might have a part 4A, and the Tax Office will be looking at you.”
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