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Bruce...You may be surprised how many times in a SMSF audit the gainfully employed test is failed as the person claims to work yet have no income. eg voluntary work, business income when a business is being sold and the handover is unpaid efforts as part of the sale !!. G However, gainful...

Not if I wasnt. Ummm actually I didn't disagree with this view. What Rob pointed out was the problem with trying to pre-empt a CGT event which may then not be a qualfying event (A1). I also take the view further and don't believe that a small business super contribution can be made before the...

Rob - An inherent risk with timing and sequence issues with small business concessions. Well pointed out.

Sorry that English is hard to understand. I assumed it to be a easy issue. One of sequence and timing. That causes more tax issues than anything. I have noted in bold above, new comments. I think you may appreciate I don't extend personal tax advice and written client advice to SS. You wont...

Hmmm. The work test rule must have been be satisfied when the contribution is made. Hence prior to the contribution the work test must be satisfied, not later. The CGT event basically ends the ability to meet the work test so the solution is to move that event to a later date in the new tax...

Not sure I agree that the loan interest is deductible or a CGT cost element. IMO its a loan to pay a private expense (super contribution).

Assuming he satisfies the small business turnover and active asset tests.... A (lifetime) CGT cap contribution under the 15 year CGT exemption rules require the person to satisfy a work test in the year of the contribution. The 1st July settlement appears a poor decision. Its not possible...