#13473

Hello Clare

Thanks for the question.

It is assumed that the employer that is leasing the computer from the fund, despite being the employer of a fund member (and trustee) is not a related party of the fund member as either a Part 8 associate or as a standard-employer sponsor of a member of the fund.

If this is the case, then the asset should not be an in-house asset.  As you make reference to, even if it was an in-house asset, it is clearly worth less than 5% of the fund’s total assets.

Another issue is whether the rental income of $250 per month is considered arm’s length, such that the Non-arm’s length income rules in section 290-550 of the Income Tax Assessment Act 1997 are not triggered.  At the time the arrangement started did the trustee provide some kind of documentation as to what a third party would have charged to rent a similar computer?

It could be that the impact on income tax expense is not material – 12 x $250 is $3,000.   $3,000 x 45% = $1,350 (if NALI) compared to $3,000 x 15% = $450 if not NALI (assuming in accumulation phase).

Would be happy to hear the thoughts of other fund auditors on this matter.

Best regards

The Auditors Institute

 

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