Government’s superannuation tax proposals open for comment

The Government yesterday released draft superannuation tax legislation and a consultation paper for public consultation.

The paper, entitled ‘Superannuation Taxation Integrity Measures,’ covers a measure that would include a member’s share of the outstanding balance of a Limited Recourse Borrowing Arrangement (LRBA) in their total superannuation balance.

It also covers a proposal that would require that non-arm’s length expenditure is taken into account when determining whether the non-arm’s length income taxation rules apply to a transaction.

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Both measures were announced in the 2017-18 Budget and are part of the Government’s wider attempts at superannuation taxation reform.

Kelly O’Dwyer, the Minister for Revenue and Financial Services said that these measures are not intended to prevent the use of LRBAs. Rather, they would ensure that LRBAs or related party transactions cannot be used to circumvent contribution caps.

Stakeholders could comment on the consultation paper by lodging a submission online via the Treasury website by 9 February, 2018.

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