Is my Self Managed Superannuation Fund (SMSF) able to sell property to a related party, i.e., myself / a trustee / member?

4 January 2013

Admin User

SMSF members and trustees are not prevented by the Tax Legislation from purchasing assets owned by their SMSF.  Conversely, only in very limited circumstances can a SMSF purchase an asset from a related party. According to the Australian Taxation Office (ATO) the trustees of a SMSF must ensure when a related party purchases an asset from their SMSF the following is adhered to:

1. Independent valuation report should be sourced prior to the transaction being conducted;

2. A written contract should be in place on commercial terms;

3. The purchase / sale price should reflect a true market value; and

4. The transaction should be conducted on an Arm's length basis. Please refer to:  http://www.ato.gov.au/Super/Self-managed-super-funds/In-detail/News/Super-reform/Valuation-guidelines-for-self-managed-super-funds/

Please note. Arm's length means that the price should be the same had it transaction been conduction by parties not been related.

Ready to take your first step to better business and unlock opportunities for true business value?

Together we'll help you evolve and thrive.