Background: LRBA Related-Party Lender Loan Relief SMSF Borrowers
Temporary loan repayment relief may be offered in relation to an existing limited recourse borrowing arrangement (LRBA) between an SMSF and a related party due to the financial effects of COVID-19.
If the repayment relief reflects similar terms to what commercial banks are currently offering for real estate investment loans as a result of COVID-19, the ATO will accept the parties are dealing at arm’s length and the Non-Arm's Length Income (NALI) provisions do not apply.
For example, these terms currently include temporary repayment deferrals for most businesses of up to 6 months, with unpaid interest being capitalised on the loan.
Disclaimer
Any information expressed in the documents does not purport to be any financial, tax or legal advice as we have not taken into account any of your or your client’s financial or tax objectives that are specific to you or your client’s circumstances.
While effort has been taken to make sure the information is as accurate and relevant as possible, it is at best construed as general information only. These documents may not be suitable for all limited recourse borrowing arrangements.
You should not rely on the information provided as advice, instead seek your own independent advice from appropriately qualified practitioners or conduct your own research.
Template Borrower Request Letter and Lender Resolution Templates
The following documents are now available to help you appropriately document the temporary relief arrangement:
Request Letter – From the fund "borrower" to the related party "lender" seeking repayment relief
Lender's Resolution - Approving the loan repayment relief
Confirmation Letter – From the lender to the fund "borrower" confirming the repayment relief