SMSF & Family trust

Can I use my SMSF to lend money to our family trust at commercial rates?
Is this 'at arms length' where the SMSF is lending to a trust for which I am the trustee? Any experience anyone?
 
Fastest way I know to make your super fund non compliant

Can I use my SMSF to lend money to our family trust at commercial rates?
Is this 'at arms length' where the SMSF is lending to a trust for which I am the trustee? Any experience anyone?

The tax department would be onto you like a one armed bandit from bagdad my friend:mad:.There is a very good section on the ATO website entitled; Your super "Its not your money yet". The penalties are so severe you don't want to think about it. If your fund is deemed noncompliant they will back date that to the day you started your superfund and tax it retrospectively at the top marginal rate plus penalty interest from day one plus a nice big fat fine to clean up whatever crumbs you have left:(
 
This weekend's Fiancial Review has a story about a Queensland couple that used $115K from their super fund to pay their companys private debt.

Fined $30k
Order to pay $32.5k in costs

OUCH

The court found "the contravention was deliberate and significant as it stripped the fund of assests.

Trustees who break the law are liable to fines upto $220k"

DOUBLE OUCH

Best to talk to your SuperLawyer before going down that path.
 
Your SMSF cannot directly lend to your family trust.

However if you satisfy a condition of release (ie over 60 or retired) you can withdraw a lump sum from your SMSF. As the money is now in your hands, you can lend to your family trust.

You can also do the same if you are on a TTR if you have sufficient funds.
 
This weekend's Fiancial Review has a story about a Queensland couple that used $115K from their super fund to pay their companys private debt.

Fined $30k
Order to pay $32.5k in costs

OUCH

The court found "the contravention was deliberate and significant as it stripped the fund of assests.

Trustees who break the law are liable to fines upto $220k"

DOUBLE OUCH

Best to talk to your SuperLawyer before going down that path.

Let's hope they didnt consider the fine and costs to be a SMSF expense, and pay it from there! :p
 
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