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Superannuation Taxation Integrity Measures

This consultation paper covers two superannuation taxation measures designed to support the integrity of the Government’s comprehensive suite of superannuation taxation reforms.

  • The first measure includes a member’s share of the outstanding balance of a Limited Recourse Borrowing Arrangement (LRBA) in their total superannuation balance (TSB).
  • The second measure ensures that non-arm’s length expenditure is taken into account when determining whether the non-arm’s length income (NALI) taxation rules apply to a transaction.

The consultation paper explains how the measures are intended to operate and seeks feedback on whether they meet their policy objectives; whether their objectives could be achieved in some other way; and what may be the unintended consequences of the measures.

The consultation paper is intended to be read in conjunction with the exposure draft legislation and draft explanatory memoranda for those two measures, being items 4-7 of the Treasury Laws Amendment (2017 Measures No. 2) Bill 2017: limited recourse borrowing arrangements (first released for public consultation on 27 April 2017) and the Treasury Laws Amendment (2017 Measures No. 12) Bill 2018: Non arm’s length income (attached).


You can submit responses to this consultation up until 9 February 2018.

Interested parties are invited to comment on this consultation.

While submissions may be lodged electronically or by post, electronic lodgement is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment.

Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of your submission.

How to respond


Address written submissions to:

Robb Preston
Retirement Income Policy Division
The Treasury
Langton Crescent