In PCG2020/5 released yesterday, the ATO sets out a transitional compliance approach for a complying superannuation entity concerning the application of the amendments to section 295-550 of the Income Tax Assessment Act 1997, where a superannuation entity incurs certain non-arm’s length expenditure (or where expenditure is not incurred) in gaining or producing ordinary or statutory income.
The regulator said PCG2020/5 should be read in conjunction with draft Law Companion Ruling LCR 2019/D3 Non-arm’s length income – expenditure incurred under a non-arm’s length arrangement.
In the guide, the ATO defined a complying superannuation entity as a complying superannuation fund, a complying approved deposit fund or a pooled superannuation trust.
“The ATO will not allocate compliance resources to determine whether the NALI provisions apply to a complying superannuation fund for the 2018–19, 2019–20 and 2020–21 income years where the fund incurred non-arm’s length expenditure of a general nature that has a sufficient nexus to all ordinary and/or statutory income derived by the fund in those respective income years (for example, non-arm’s length expenditure on accounting services),” the regulator said.
“This transitional compliance approach does not apply where the fund incurred non-arm’s length expenditure that directly related to the fund deriving particular ordinary or statutory income.”
As usual, ATO boffins just looking after their mates in the big retail superfunds by making life hard for SMSFs.
And in 2021/2022 basic accounting NALE enters the stupid ATO approach it has indicated ?
What absolute Canberra bubble mind numbing bureaucratic morons dragged around by Labor and the Industry Funds to make senseless SMSF laws.
This pronouncement is welcome, yet disturbing at the same time. It shows that the ATO now effectively “make” the laws i.e.
a) The ATO interpret the law and publish pronouncements that no taxpayer has the legal or economic resources to contest; &
b)They disagree with Court decisions, those properly designated to interpret the laws, and proclaim they will apply the law their own way.
While the occasional interpretation such as this one may seem benevolent, it is symptomatic of a government behemoth that has become a law unto itself.