Terms of the ATO safe harbour for related party LRBAs
The Practical Compliance Guideline (PCG 2016/5) states that the ATO:
will accept that an LRBA structured in accordance with this Guideline is consistent with an arm’s length dealing and that the NALI provisions do not apply purely because of the terms of the borrowing arrangement.
At the risk of oversimplifying, essentially the terms are as follows:
Safe harbour LRBA interest rates
Interest rates can be found here:
Fixed interest rate period
Trustees may choose to fix the rate at the commencement of the arrangement for a specified period, up to a maximum of 5 years.
More information
The following article also has information on using related party limited recourse borrowing arrangements: SMSF LRBA Borrowings from Related Parties