I have a new Fund I am auditing that owns 1 vehicle that is leased back to a member.
There is a commercial lease for the vehicle at market value in place.
The level of In-House Asset is less than 5% of the Fund.
Is this ok or is the Fund in breach?
Any comments would be appreciated.
Thanks
What if the vehicle is leased back to the members business company for exclusive use to the member who is an employee of the company.
Does this make any difference?
Further comments would be appreciated.
Thanks
Hi Chris
As a starting point (per section 71 of SIS) an in-house asset is an asset (other than business real property) that is rented to a related party. If the motor vehicle is rented to a related party it is an in-house asset and if its value is less than 5% of the Fund's assets there will not be a breach of the in-house asset rules.
However the Fund will most likely be in breach of the collectables and personal use assets rules under section 62A & regulation 13.18AA of SIS. A motor vehicle is caught under the collectables and personal use assets rules and cannot be rented by a SMSF to a member.
The ATO has a summary of the rules at:
Thanks
SMSF AAA