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Manticore(I'm new)I'm new
18 Oct 2023

Hi ATO Community,


I have a question about transferring a domestic investment property into an SMSF. My in-laws are 65 years old and they own two properties: a principal residence and an investment property. Both properties are debt-free and they have owned them for more than 10 years. The investment property is a residential unit that is currently rented out.


They are thinking of setting up an SMSF and transferring the investment property into it. They want to do this because they believe it will provide them with tax benefits and more control over their retirement savings.


I have done some research online and I found that there are some rules and restrictions for transferring property into an SMSF, such as the sole purpose test, the related party rule, the borrowing conditions, and the tax and duty implications. However, I am not sure how these rules apply to their situation and what are the pros and cons of doing this.


Can anyone please advise me on this matter? Is it possible and advisable to transfer a domestic investment property into an SMSF? What are the steps and costs involved? What are the risks and benefits?


I appreciate any help or guidance you can provide. Thank you very much.

11,807 views
3 replies
11,807 views
3 replies

Most helpful response

Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
18 Oct 2023

Hi@Manticore


The first thing that jumps out is that an SMSF is specifically prohibited from acquiring residential property from a related party of the fund.


The only exception would be if the property was business real property. Which basically means that it is a commercial property with a documented lease


Toby




All replies

Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
18 Oct 2023

Hi@Manticore


The first thing that jumps out is that an SMSF is specifically prohibited from acquiring residential property from a related party of the fund.


The only exception would be if the property was business real property. Which basically means that it is a commercial property with a documented lease


Toby




Jackson338(Initiate)Initiate
11 Jan 2025

Leading on this discussion I have a question whether we can setup Ungeared unit trust by reference to S13.22 SISA which allows ungeared residential properties to be held in Unit trust 100% owned by SMSF. TheSMSF is holding units in the Unit Trust and has title over the residential properties since SMSF is not allowed to acquire residential properties from related parties. The ungeared unit trust is the owner of residential properties. Is this arrangement allowed?

TobyJDodd(Devotee)Registered Tax Professional
12 Jan 2025

Hi @Jackson338


Even if this success on getting around the s66 prohibition. (Which I don’t think it does- keep in mind the “look through” ability of the court)


You will run into the in house asset problem.


s13.22C(2)(f)(iv) (iv)   an asset that was acquired from a related party of the superannuation fund after 11   August 1999, unless the asset was business real property acquired at market value


Toby


Tpby

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