What TD 2016/16 covers

TD 2016/16 is an ATO tax determination dealing with self-managed super funds (SMSFs) that borrow money under limited recourse borrowing arrangements (LRBAs) on non-commercial terms, often from a related party.

The determination explains that if an SMSF could not or would not have entered into a loan on genuine arm's length terms, the income the fund earns from the asset bought with that loan counts as non-arm's length income (NALI). Income classified as NALI is taxed at the top rate rather than concessional super rates.

The worked example

The ruling includes a detailed worked example involving a $1 million property purchase funded by a related-party loan with 0% interest and no repayments. The example concludes that because the SMSF could not have met real-world loan terms - including deposit, interest, and repayments - all the rental income from the property becomes NALI.

Document history

This document was first issued on 28 September 2016. It has since been updated into a consolidated version reissued 19 October 2026 incorporating an Addendum. The determination applies to income years both before and after its original issue date.

Key actions

This is a plain-English summary for information only, not legal or compliance advice. Always check the official source or consult a qualified professional.