SMSF Rental Properties: Tax, Compliance, Planning Tips and Traps

National Conference 2025

Managing rental properties within an SMSF comes with unique complexities, and even experienced SMSF professionals can face challenges. In this session, we break down the key tax, compliance, and planning considerations when dealing with rental properties in an SMSF, focusing on planning tips, traps and how to spot and avoid them. Using ATO data, we examine why 9 out of 10 tax returns contain errors and explore how SMSF rules make compliance even more complex, particularly when a pension and GST is involved.

Through detailed case studies, Dan explores issues such as capital versus revenue treatment of property sales, repairs versus improvements, and depreciation rules under Divisions 40 and 43. The session also covers GST implications, NALI/E risks from trustee involvement, and special rules for vacant land deductions. Attendees gained practical insights to navigate these complex areas and ensure their SMSF clients with rental properties, remain compliant whilst maximising their tax outcomes and minimising the risk of ATO scrutiny and penalties.

By watching this session, you will be able to:

  • Gain a comprehensive understanding of the tax, compliance, and planning complexities surrounding rental properties within SMSFs, including how to avoid common traps.
  • Learn to distinguish between capital and revenue treatment for property sales, as well as key distinctions between repairs and improvements, ensuring correct reporting and compliance.
  • Acquire practical strategies for managing GST implications, NALI/E risks, and understanding the special rules governing vacant land deductions and depreciation under Divisions 40 and 43.
 

The contents of this resource are taken to be correct at the time of publication.

Disclaimer: Technical Papers contain factual information only and are prepared without considering particular objectives, financial circumstances and needs. The information provided is not a substitute for legal, tax and financial product advice. The information contained in this document does not constitute advice given by the SMSF Association to you. If you rely on this information yourself or to provide advice to other persons, then you do so at your own risk. The SMSF Association is not licensed to provide financial product advice, legal advice or taxation advice. We recommend that you seek appropriate professional advice before relying upon the information in this technical paper. While the SMSF Association believes that the information provided is accurate, no warranty is given as to its accuracy and persons who rely on this information do so at their own risk. The information provided in this paper is not considered financial advice for the purposes of the Corporations Act 2001. © SMSF Association