Warrant Trust Deeds

The law surrounding the use of warrant trusts to enable a self managed superfund to borrow has been in place since 2007. Many products still fail to take account of not only the SIS Act but also the Income Tax Assessment Act and various stamp duty acts of the States.

The major concern with a warrant arrangement is ensuring that it complies with section 67A & 67B of the SIS Act. Other concerns include the absolute entitlement of the trustee of the self managed superfund to the asset and the stamp duty payable on the purchase and subsequent transfer of the asset. Another major concern is where the individuals either borrow themselves or use their own funds and lend to the SMSF trustee. This is where the non-arms length income provisions of the ITAA97 may apply.

If you have any queries regarding converting your existing trust deed or ordering a new trust please Contact Us.

Warrant Trusts - Register or Login to Access

Borrowing in a SMSF has many dangers especially the CGT consequence.

Confused over what should be contained in a superfund deed?

Many Warrant Trusts contain clauses that trigger a CGT when the loan is repaid. Advisors need to know what dangers exist with SMSF Borrowings. Many advisors have been putting their clients into superannuation fund deeds that are approximately 100 pages. The superfund deed should contain some clauses regarding borrowing and pensions, however a short form deed is more than adequate and can be amended at a later stage.
Click here to find out more Click here to find out more
↓   Click to Login & Order   
Forgotten Password?

Warrant Trusts
Internal Warrant Trust: Login
External Warrant Trust: Login
General Purpose Company: Login
SMSF & SMSF Special Purpose Company: Login | More Info
Superfund: Login | More Info
Superfund Update: Login | More Info
Other Warrant Trust Precedents
Property Lease (Non-Arm's Length): Login
Property Lease (Arm's Length): Login
Other Precedents
Partnership Agreement: Login
Limited Partnership Agreement: Login
Loan Agreement (Annual Interest): Login
Loan Agreement (Monthly Interest): Login
Consultants' Agreement: Login
Equipment Lease: Login
Licence to Use Trademark: Login
Property Lease (Non-Arm's Length): Login
Property Lease (Arm's Length): Login
Sale of Assets Agreement: Login
Sale of Business Agreement: Login
Standard Employment Agreement: Login
Unit Holders Agreement: Login
Div 7A Loan Agreement: Login