ATO cast doubts on SMSF property zero interest loan strategy
The Australian Taxation Office appears to have cast doubt on the emerging practice of property investors lending money to their self-managed superannuation fund at zero, or low interest rates, to get around the contribution limit.
The likelihood of future favourable rulings to taxpayers adopting the strategy appears in doubt, the Australian Financial Review (AFR) reported today.
It has been among the 30 tax minimisation strategies used by investors able to have incomes taxed at zero to 15%, instead of the current top rate of 46.5%, by using generous concessions through superannuation.
Adelaide lawyer of Suzanne Mackenzie of DMAW Lawyers noted while at least one Tax Office ruling appeared to accept, or not reject, the strategy, there had been two other rulings rejecting it.
Raising the prospect of penalty taxes, Mackenzie forecast future private rulings on the strategy would now be knocked back.
However a Tax Office spokesman told the AFR the ATO will continue to issue private rulings "decided on the particular facts to which they relate".
The latest statistics show residential property within superannuation jumped in the year to March 2014 from $17.5 billion to $20.5 billion.
Commercial property holdings rose from $58 billion to $68 billion.
The Tax Office figures show there were 528,000 self-managed funds managing $558 billion in assets as at March 2014, up from 501,000 funds in March 2013.
These self-managed super schemes had $3.3 billion of loans, up from $3.1 billion.
The Australian Financial Review reported last month that around 9,200 self-managed super funds have a $5 million plus balance, a rise of 76% in the past three years.
The zero loan strategy has been used to get around the limit on post-tax superannuation contributions, which is $25,000 rising to $30,000 from July.
The loans were typically at zero or low interest with long repayment terms and the money was to be used by the self-managed superannuation fund to invest in property.
Following the recent private rulings, some tax advisers are now suggesting these loans ought now replicate loans from a financial institution in both the terms and the interest rate charged.