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SMSFs & Property Services

Click here to view the recording of DBA Network Pty Ltd’s online webinar on SMSFs & Property Development to learn more (a fee is payable to DBA Network for this webinar)

SMSFs & Property Services

DBA Lawyers offers a range of SMSFs & Property related services. We can advise SMSFs investing in property on how best to structure their investments having regard to taxation and superannuation laws.

Service:Description:
SMSF Property Tax Advice

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DBA provides federal and state tax advice related to SMSF property investments. Our advice focuses on:

  • CGT, GST, land tax and Victorian stamp duty.

  • Establishment of structures, eg, trusts and companies for investing in or holding property.

  • Tenants-in-common agreements.
SMSF Building Contract Review

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DBA can review an SMSF’s prospective building contract for any clauses that may lead to potential contraventions of superannuation law.

We can assist in revising contracts or work with your existing advisers to provide SMSF legal input.
SMSF Lease Review Service

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We can review an SMSF’s lease and assist SMSF trustees, tenants and their advisers to navigate the legal, tax, super and commercial issues involved. This service is important for SMSF trustees with related party tenants.
SMSF Borrowing

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We recommend that SMSF trustees obtain advice before entering into borrowing arrangements (LRBAs) to avoid tax and superannuation contraventions. This is especially important for SMSFs undertaking related party borrowing arrangements.

DBA provides advice and documents for:

  • LRBAs

  • Direct Bank Loans

  • Related Party Loans

  • Refinancing and altering terms to LRBAs

  • Winding up an LRBA
Agency/bare trust documentation (for use with related party builders)

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We prepare documents that appoint a related party to act as agent for an SMSF trustee in a building project. This document authorises the builder to act as a limited agent for the SMSF trustee to acquire materials and/or thirdparty services.
Tenants in common agreement

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A tenants in common (‘TIC’) agreement outlines the terms and conditions relating to the ownership of real property that is owned as tenants in common. A TIC agreement could also be prepared for other assets if requested.

It can provide certainty in situations where one co-owner wants to sell at a price that the other co-owners do not agree with. The TIC agreement also includes a process for overcoming deadlocks and disputes in arriving at fair
market value.
SMSF Investment Strategy Advice

  • Click here for the SMSF Investment Strategy Kit

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The Investment Strategy Kit contains guidance and template documentation with a practical, comprehensive explanation of how to draft investment strategies for an SMSF. It can be used when an SMSF is formulating and reviewing a range of different investment strategies including one where an SMSF’s investment portfolio is heavily weighted in one property or in real estate with little diversification.

DBA can also provide tailored investment planning advice for SMSFs heavily invested in property.
Foreign Beneficiary Exclusions in Family Discretionary Trusts

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Additional duty and land tax may be payable by a trustee of a discretionary trust in respect of real property and certain other dutiable property in most States and Territories in Australia. This primarily applies to residential
property.

To minimise this risk, DBA Lawyers’ discretionary trust deed can be specifically drafted to exclude ‘foreign beneficiaries’ in one or more states or territories.

If you want to distribute to foreign beneficiaries, we recommend that you first seek our advice before ordering.
Unitholders agreement

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A unitholders’ agreement is generally recommended where there is more than one unitholder in the same unit trust, even if the other unitholder is a related party.

This agreement confirms the terms and conditions of the relationship between unitholders and covers matters that are typically not addressed in a unit trust deed. This is important to minimise any future uncertainty, dispute or friction should parties have different opinions regardinghow the unit trust should be operated or how a unitholder can transfer their units, etc. Unitholders may also want to specify that certain decisions require 100% unitholder approval such as the purchase and sale of major assets.