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It also brings some clarity around the use of insurance proceeds to
rebuild a property destroyed by a naturally disaster as long as its
fundamental character is unchanged.
Also in a reversal of rules, the ruling also suggests it would now allow
improvements on an asset acquired under a borrowing arrangement
entered into on or after July 7, 2010 so long as it used it’s own cash
reserves (not borrowed), and as long as the improvement does not
fundamentally change the character of the asset.
The ATO also now accepts that a property existing on multiple titles
can still count as a single acquirable asset, providing its physical
characteristics identify it as a single asset and the titles cannot be
managed or sold separately.
GOOD NEWS FOR SMSF’s
ATO SMSF Draft Ruling SMSFR 2011/D1
The ATO has released a new draft SMSF ruling which seeks to
clarify a number of contentious issues involving SMSF limited
recourse borrowing arrangements including;
The ruling if and when passed, will allow money borrowed under the
borrowing arrangement to not only acquire the acquirable asset but
also in carrying out repairs and maintenance to the asset whether
necessary at the time of its acquisition or at a later time.
Money borrowed under a borrowing arrangement may not however
be applied to the improvement of the asset.