Ideas Tax Knowledge Blog

Topics on self-managed superannuation fund – SMSF (15)

Written by Ideas Group | Dec 17, 2020 10:27:56 PM

 

Example: Asset Purchased Below Market Value Without In-Specie Contribution

In 2019, Keri, managing her SMSF, bought ASX listed shares from a related party for $250,000, while their market value was $500,000. Despite the shares' true value, the agreement stated the purchase price as $250,000, not $500,000. As per the ATO in LCR 2019/D3, this setup didn't involve an in-specie contribution to the SMSF, even if the fund accounts for it as such.

The ATO views this transaction as non-arm's length, suggesting it's a scheme where Keri's SMSF spent less capital than expected. Consequently:

  • Any dividends earned by the fund from these shares will be considered NALI (non-arm's length income).
  • Any potential capital gains from selling these shares will also be treated as NALI.

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