50 SMSF wish to buy a Property through Unit Trust Structure. They have established 5 separate Unit Trust with 10 SMSF in each unit Trust. These 5 Unit Trust have Invested in the main Unit Trust in which property is bought. All the Unit Trusts are non geared trust. Is this struture allowed under the SISA and SISR.
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Hi @Tanweer,
This structure you've described has some complex issues under super laws. When 50 SMSFs invest through multiple unit trusts, you need to check several rules.
The main concerns are:
- in-house asset limits - if any SMSF holds more than 5% of total fund assets in related party investments
- sole purpose test - the investment must be for retirement benefits only
- arm's length requirements - all dealings must be at market rates
- acquisition rules - assets must be bought at market value from unrelated parties.
Generally, we look at the whole arrangement to check compliance. I'd recommend using the Request for self-managed superannuation fund specific advice form (NAT 72441) to get a written view on how super laws apply to your particular arrangement.
Another option is reaching out to a financial professional that specialises in this area.
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