Top Navigation

Categories | Investments

Tips and traps on transferring life estate interests to an SMSF

Tips and traps on transferring life estate interests to an SMSF

There has been recent press publicity regarding SMSF members transferring life estate interests in business real property (‘BRP’) by way of an in kind or ‘in specie’ contributions to self managed superannuation funds (‘SMSF’). This article briefly examines some of the key points relating to these transactions and provides an update on my latest experience [read more]

Collectables and personal use assets in an SMSF

Collectables and personal use assets in an SMSF

All newly acquired investments by SMSF trustees in collectables and personal use assets since 1 July 2011 have been subject to strict rules under reg 13.18AA of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (‘SISR’). However, SMSF trustees should be aware that the grandfathering relief in relation to such investments that were held prior to [read more]

SMSFs with related party LRBA borrowings

SMSFs with related party LRBA borrowings

On Monday 10 November 2015, Daniel Butler, in his role as the chair of The Tax Institute’s National Superannuation Committee, attended a meeting of the Superannuation Industry Relationship Network (‘SIRN’) with representatives of the ATO and a range of industry stakeholders. ATO amnesty on non-commercial LRBAs At this meeting, the ATO confirmed that there is [read more]

SMSFs investing via unit trusts

SMSFs investing via unit trusts

A unit trust is a popular structure to hold property and other investments. This article examines numerous methods how an SMSF may invest in a unit trust and also covers a proposed tax change that will impact on the tax treatment of certain unit trusts once finalised as law. Many publicly offered managed investments fund [read more]

LRBAs-and-related-party-leases

LRBAs and related party leases: what you need to know

A common strategy implemented by business clients is to acquire business real property (usually the premises from which their business is run) via their SMSF and then lease this property to a related party. Borrowings are often used to finance the acquisition. The above is typically a standard transaction. However, where the complexity arises [read more]

FY2014-SMSF-Checklist

FY2014 SMSF Checklist

The end of the financial year is fast approaching. We now address some of the key items that should be considered in the lead up to 30 June 2014. DBA Lawyers offers a range of kits that can assist SMSF trustees and advisers in meeting their end of financial year obligations. For more information click [read more]

SMSFs-buying-overseas-property

SMSFs buying overseas property – tips & traps

Introduction Overseas property investment may appear attractive to many; such as an investment in an apartment in Paris, a Balinese beachfront villa, or a ski chalet in Colorado. However, when an SMSF is the purchaser there are a number of compliance tips and traps to navigate. SMSF trustees can purchase property either by an outright [read more]

New-law-gives-SMSF-borrowing-trusts-breathing-space

New law gives SMSF borrowing trusts breathing space

Until 4 April this year, SMSF trustees with limited recourse borrowings that were ending were faced with a problem. With the loan paid off, there was the prospect of being forced to transfer the asset to the SMSF trustee. The fear had been that to keep the asset inside the trust would give rise to [read more]