LRBA measures tipped to limit SMSF loans
The proposed measures for limited recourse borrowing arrangements may lead to complex and “messy arrangements requiring constant attention from accountants” and will impede the attractiveness of SMSF loans, according to the Tax Institute.
Last week Treasury released a consultation paper on two measures for limited recourse borrowing arrangements (LRBAs), one of which would see the outstanding balance of an LRBA count towards a member’s total super balance.
The Tax Institute senior tax counsel Bob Deutsch said both of Treasury’s proposed measures for LRBAs will add significant complexity to the legislation.
While he doesn’t believe it is the government’s intention to end loan arrangements in SMSFs through the proposed policies, he expects that it will diminish the attractiveness of entering these arrangements.
“What will happen is that people who want straightforward arrangements will be discouraged from entering limited recourse borrowing arrangements because they are getting more complicated – there are more checks and balances around,” he explained.
“It will have the effect of making these kinds of arrangements less attractive, particularly for those who don’t want to get into messy arrangements that need constant attention from accountants and I think that is part of the risk with this.”
The government, he believes, is attempting to control these arrangements more through these measures and make them more consistent with the new laws that were introduced.
“I think it is going to limit the number of these loan arrangements,” he said.
Miranda Brownlee is the deputy editor of SMSF Adviser, which is the leading source of news, strategy and educational content for professionals working in the SMSF sector.
Since joining the team in 2014, Miranda has been responsible for breaking some of the biggest superannuation stories in Australia, and has reported extensively on technical strategy and legislative updates. Miranda has also directed SMSF Adviser's print publication for several years.
Miranda also has broad business and financial services reporting experience, having written for titles including Investor Daily, ifa and Accountants Daily.