In August 2019, the Australian Tax Office (ATO) began contacting Self Managed Super Fund (SMSF) trustees and their auditors where ATO records indicated that more than 90% of an SMSF’s funds were held in one asset … Continued
Can an Self Managed Super Fund (SMSF) acquire real property – used for short-term accommodation – from a party related to the members of the SMSF without breaching the prohibition on related party acquisitions under … Continued
Non-arm’s length income rules for Self Managed Super Funds (SMSF) has been a hot topic in recent years, particularly in the context of limited recourse borrowing from related parties. We have seen the Australian Tax Office … Continued
ASIC has remade its class order that provides ASX-listed issuers of shares and interests under purchase plans with relief from the requirement to prepare a disclosure document on substantially similar terms to the previous instrument, … Continued
The principal document in many lending structures is the Facility Agreement. They are usually lengthy, detailed and complex documents. Understanding the key issues in a Facility Agreement is crucial as this is the rule book … Continued
In 2018 and 2019, as parts of the real estate market have softened, the appetite and ability of the Big 4 banks to fund property development has reduced when compared to their former capacity due … Continued
The Australian Securities Exchange (ASX) recently released its much awaited consultation paper ‘Simplifying, clarifying and enhancing the integrity and efficiency of the ASX listing rules’, seeking feedback on proposed changes the ASX Listing Rules and guidance … Continued
The major Australian banks have made a strategic withdrawal from funding commercial property development in Australia. Previously the major banks had a market share of circa 85 percent of the $50 billion annual property finance … Continued
In Australia, the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has exposed remarkable failures in risk management, compliance and culture that have claimed the careers of a number of senior … Continued
The Exposure Draft for the GST withholding regime for property transactions has been released. This withholding regime was announced as part of this year’s Federal Budget and is targeted at increasing GST compliance for property … Continued
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