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RedpandaM(Enthusiast)Enthusiast
20 Aug 2021

An SMSF pays off the loan for the property held in the bare trust and enages a lawyer to transfer the title to the trustee of the SMSF.

Should this legal expense be capitalised?

Any advice will be appreciated.

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1,843 views
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Bruce4Tax(Taxicorn)Taxicorn
20 Aug 2021

An SMSF pays off the loan for the property held in the bare trust and enages a lawyer to transfer the title to the trustee of the SMSF.

Should this legal expense be capitalised?

Ths is a useful guide:

https://www.ato.gov.au/super/self-managed-super-funds/in-detail/smsf-resources/smsf-technical/smsf-deductibility-of-expenses/

I think that it could be argued that the property is already beneficially owned by the SMSF, therefore there is no structural change.

https://www.dbalawyers.com.au/announcements/unwinding-smsf-limited-recourse-borrowing-arrangement/

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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
20 Aug 2021

An SMSF pays off the loan for the property held in the bare trust and enages a lawyer to transfer the title to the trustee of the SMSF.

Should this legal expense be capitalised?

Ths is a useful guide:

https://www.ato.gov.au/super/self-managed-super-funds/in-detail/smsf-resources/smsf-technical/smsf-deductibility-of-expenses/

I think that it could be argued that the property is already beneficially owned by the SMSF, therefore there is no structural change.

https://www.dbalawyers.com.au/announcements/unwinding-smsf-limited-recourse-borrowing-arrangement/

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