The following article on using an SMSF unit trust to buy property was written by Daniel Butler of DBA Lawyers and published in the Australian Financial Review on September 26; 2015. The original article can be found here: Beware when using a unit trust to buy property in your SMSF (AFR subscription may be required).
SMSF unit trusts are popular structures by which to hold property and other investments.
They are particularly popular for self-managed superannuation funds (‘SMSF’) that invest in real estate. Using such a structure, one or more SMSFs, as well as other investors, can join forces to acquire an investment property, potentially giving each investor access to a better property with more upside potential than they might otherwise have.
Working within the SMSF unit trust rules
However, an SMSF must be careful to ensure it complies with a raft of superannuation rules.
An SMSF is not permitted to invest more than 5 per cent in a related trust,
More and more Australians are taking control of their financial lives and accessing wider investment choice via a self-managed super fund (SMSF), however this is an area many of us still don’t fully understand.
Webinar: self-managed super (SMSF) – is it right for you?
In this webinar Chloe Ward, SMSF Specialist Manager from Superfund Partners will discuss:
• How to set up a SMSF
• Your ongoing obligations and responsibilities
• Investment choices
• Strategies you can use • Initial and ongoing costs involved
A lot of what you hear about SMSFs in the media or from friends and family can be a long way from the truth. We will separate fact from fiction and answer the question: Is a SMSF really ‘self-managed’?
In this webinar, you will walk away with a good understanding of:
• Overview of the roles and responsibilities of SMSF trustees
• Administration requirements of SMSFs
• Main investment restrictions applicable to SMSFs
• Whether an SMSF is the right choice for you
The webinar is being held on Wednesday 7th of October at 12.00pm AEST (1.00pm SYD/MEL)
Superfund Partners will also be holding a SMSF e-workshop on October 19th,
There is currently a transition period in place for new rules that apply to any artwork or collectibles held by an SMSF, however this transition period is coming to an end at1 July 2016.
As a result of the Cooper in SMSFs review, rule changes have been implemented in relation to the requirements for the ownership of collectible and personal use assets by SMSFs. These rules will apply to any specified asset acquired after 1 July 2011 and will also apply to assets owned prior to this date with effect from 1 July 2016.
What assets are considered Collectibles and Personal Use Assets?
The types of assets that are covered by these requirements are outlined in the SIS Act and the rules pertaining to the ownership and usage are covered in SIS regulations. Collectibles and Personal Use Assets include the following:
- artwork (defined as painting, sculpture, drawing, engraving, photograph including reproductions)
- coins or medallions
- postage stamps or first day covers
- rare folios,