Retirement
Beware of using family to build SMSF property
Last week, nestegg considered the question of whether individuals could develop their SMSF property via a knock down and rebuild. While being a compliance minefield in itself, this could become even more complicated where family members are involved in the development.
Beware of using family to build SMSF property
Last week, nestegg considered the question of whether individuals could develop their SMSF property via a knock down and rebuild. While being a compliance minefield in itself, this could become even more complicated where family members are involved in the development.
Townsends Business and Corporate Lawyers solicitor Jeff Song has reminded SMSF property owners that from a compliance perspective, it would be safer for an SMSF manager to “engage entities that aren’t related to the fund” and be “mindful of the prohibition against providing financial benefits to the members and/or other related parties”.
If, however, an associated entity is involved, Mr Song said “the SMSF’s dealing with the entity must be on arm’s length terms, and appropriate documentation should be in place to support this”.
Before members or their families are engaged for any paid service, Mr Song reminded SMSF-associated individuals to consider the prohibitions against financial benefits for related parties, “and ensure there is rationale for engaging their service and their pay rate”.
“You should also ensure that the fund does not acquire assets such as building materials from related parties of the fund,” Mr Song also flagged.
He went as far to warn that SMSF property owners who are developing their property and acquiring assets such as building materials should not acquire assets from related parties of the fund.
“Make sure the fund trustee buys directly from third parties or obtain advice about having an agency agreement in place for purchasing materials through related parties.”
Mr Song said that the above considerations are not exhaustive and not suited for all circumstances and therefore recommended interested or affected SMSF property owners “obtain formal advice before committing to such investment”.
RELATED ARTICLES
About the author
About the author
Self managed super fund
Industry leaders launch SMSF Innovation Council to drive digital transformation
A consortium of finance industry leaders has launched an SMSF Innovation Council to help Australia's $1.02 trillion self-managed superannuation fund industry navigate digital transformation. Read more
Self managed super fund
Superannuation guarantee to be paid on government paid parental leave, says ASFA
The Association of Superannuation Funds of Australia (ASFA) has hailed the government's decision to include Superannuation Guarantee payments with its Paid Parental Leave policy as a critical step ...Read more
Self managed super fund
SMSF experts advise against hasty reactions to potential super tax changes
As the Australian Government proposes a new tax measure on superannuation earnings for balances exceeding $3 million, experts from the self-managed super funds (SMSF) sector are urging members not to ...Read more
Self managed super fund
Federal government announces changes to superannuation contribution caps
The Federal Government has announced changes to the superannuation contribution caps, impacting self-managed super funds (SMSFs) and their members from 1 July 2024. Read more
Self managed super fund
SMSF Association calls for joint effort to tackle early super access
The SMSF Association is calling on a collaborative approach including the Government, the Australian Taxation Office (ATO), the Australian Securities and Investments Commission (ASIC), and the ...Read more
Self managed super fund
Rest Super members file class action over alleged insurance premium deductions
Shine Lawyers has initiated a class action lawsuit against Rest Superannuation (Rest), alleging the unlawful deduction of income protection insurance premiums from members' superannuation accounts. Read more
Self managed super fund
Debunking a superannuation tax myth: SMSF Association clarifies the impact on Aussie farms
In the ongoing debate about a proposed new tax targeting superannuation funds exceeding $3 million, the SMSF Association has stepped in to challenge claims from the Association of Superannuation Funds ...Read more
Self managed super fund
Is an SMSF right for you?
When it comes to planning for retirement, one of the most significant decisions Australians have to make is how to manage their superannuation. Read more
Self managed super fund
Industry leaders launch SMSF Innovation Council to drive digital transformation
A consortium of finance industry leaders has launched an SMSF Innovation Council to help Australia's $1.02 trillion self-managed superannuation fund industry navigate digital transformation. Read more
Self managed super fund
Superannuation guarantee to be paid on government paid parental leave, says ASFA
The Association of Superannuation Funds of Australia (ASFA) has hailed the government's decision to include Superannuation Guarantee payments with its Paid Parental Leave policy as a critical step ...Read more
Self managed super fund
SMSF experts advise against hasty reactions to potential super tax changes
As the Australian Government proposes a new tax measure on superannuation earnings for balances exceeding $3 million, experts from the self-managed super funds (SMSF) sector are urging members not to ...Read more
Self managed super fund
Federal government announces changes to superannuation contribution caps
The Federal Government has announced changes to the superannuation contribution caps, impacting self-managed super funds (SMSFs) and their members from 1 July 2024. Read more
Self managed super fund
SMSF Association calls for joint effort to tackle early super access
The SMSF Association is calling on a collaborative approach including the Government, the Australian Taxation Office (ATO), the Australian Securities and Investments Commission (ASIC), and the ...Read more
Self managed super fund
Rest Super members file class action over alleged insurance premium deductions
Shine Lawyers has initiated a class action lawsuit against Rest Superannuation (Rest), alleging the unlawful deduction of income protection insurance premiums from members' superannuation accounts. Read more
Self managed super fund
Debunking a superannuation tax myth: SMSF Association clarifies the impact on Aussie farms
In the ongoing debate about a proposed new tax targeting superannuation funds exceeding $3 million, the SMSF Association has stepped in to challenge claims from the Association of Superannuation Funds ...Read more
Self managed super fund
Is an SMSF right for you?
When it comes to planning for retirement, one of the most significant decisions Australians have to make is how to manage their superannuation. Read more
