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Navigating SMSF property compliance

Property investment in SMSFs is a popular strategy for retirement wealth. Compliance is essential to avoid risks like the sole purpose test, non-arm’s length income, and property development issues.

The allure of business real property in SMSFs

An SMSF can buy business real property and lease it to a member and the laws and processes are clear. The rent paid is classed as income from the investment rather than a contribution from the member.

Can my SMSF buy my investment property?

In certain limited circumstances, especially relating to Business Real Property, it is possible for an SMSF to acquire property from a member but check the rules carefully to avoid penalties.

SMSFs need care dealing with related parties

Transacting with related parties within an SMSF needs careful attention to avoid contravening the law. It can be tricky working out who is a related party, but doing everything at arm's length is a good start.

SMSFs can lend to some relatives

When is family not family? In the case of SMSF members lending to their relatives, some are more 'related' than others. Even so, you still need to comply with arm's length transaction rules.

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  • 3 April 2025

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