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Subtext(Initiate)Initiate
6 July 2023

Hi,


I'm looking to set up an SMSF and have a query regarding how establishment costs of the fund can be treated in the fund. These costs are approximately $1,500 and include corporate trustee set up fees and SMSF trust deed.


I note this question is somewhat related to this one: https://community.ato.gov.au/s/question/a0J9s000000RUnlEAG/p00225699?referrer=a0N9s000000DacBEAS


I note that in the above ATOCertifiedResponse that these establishment costs should NOT be reimbursed.


I understand the establishment costs are NOT tax deductible.


My questions:


1. Assuming the trust deed allows, can the establishment costs be treated as a member contribution to the fund?


2. If yes to the above and assuming the trust deed allows, can the establishment costs be treated as concessional contributions?


If you could please provide a link to some form of ATO guidance supporting your response it would be greatly appreciated.


Thank you

2,861 views
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2,861 views
5 replies

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Bruce4Tax(Taxicorn)Taxicorn
6 July 2023

  1. Not if the expenses were incurred before the fund was able to accept contributions.
  2. The trust deed is not the issue - it is whether the expense can be incurred by the fund at all.


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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
6 July 2023

  1. Not if the expenses were incurred before the fund was able to accept contributions.
  2. The trust deed is not the issue - it is whether the expense can be incurred by the fund at all.


Subtext(Initiate)Initiate
7 July 2023

What is your source @Bruce4Tax?


I was hoping to get an ATO certified response or ATO source, note that I asked: "If you could please provide a link to some form of ATO guidance supporting your response it would be greatly appreciated."


I note there are many providers stating this can be done. For example:


"This contribution is regarded as a non-concessional contribution and will be allocated equally amongst Members."

https://smsfwarehouse.com.au/smsf-setup/costs/tax-deductability/


"...if the fund does not repay the payer, the payments can be treated as contributions to the fund on behalf of one or more members of the fund..."

https://www.directdocs.com.au/ozsgood.html#decl

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