What qualifies as Business Real Property in the context of Self Managed Superannuation Funds (SMSF)?

18 June 2012

Admin User

Section 66 (5) of Superannuation Industry (Supervision) Act 1993 (SISA) defines Business Real Property - 'any freehold or leasehold interest in property - where the property is used wholly and exclusively in one or more business (whether carried on by the entity or not)'.

Furthermore, Self Managed Superannuation Fund Ruling 2009/1 (SMSFR 2009/1), gives numerous examples as to what constitutes Business Real Property. 

http://law.ato.gov.au/atolaw/view.htm?DocID=SFR/SMSFR20091/NAT/ATO/00001

Section 66 of SISA, also permits Business Real Property to be transferred into a related persons SMSF.

If property can be defined as Business Real Property in the context of a SMSF and transferred or purchased within a SMSF significant advantages can achieved.

The advantages on transferring and holding your business premises in a SMSF have been discussed before - please refer to posting 18 May 2012.

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