Moving business real property out of trusts and into a self-managed superannuation fund (SMSF) can have significant tax advantages, but despite the significant potential of this, there are often impediments in the form of possible tax and duty consequences of the transfer, especially where the property is held in a unit trust or a discretionary trust and limits are imposed by the non-concessional caps.
This article, written by Sladen Legal’s Melissa Brazzale and Phil Broderick, and published in the Tax Institute’s Journal, Taxation in Australia in March 2015, examines the ability to transfer Victorian business real property out of trusts and into a self-managed superannuation fund (SMSF) without triggering duty.
To discuss this article, or for any further information please contact:
Phil Broderick
Principal
Sladen Legal
+61 3 9611 0163 | +61 419 512 801
pbroderick@sladen.com.au
or
Melissa Brazzale
Associate
Sladen Legal
+61 3 9611 0161
mbrazzale@sladen.com.au