Navigating state and territory land tax and duty issues

National Conference 2022

When real property is held in a superannuation fund, the trustees must navigate the relevant state and territory land tax and duty issues that are unique to such ownership. At its simplest, land tax and duty really matter! This presentation will consider:

  • Duties – exemptions for moving properties in and out of SMSFs without triggering duty – including paying out member benefits and death benefits
  • Land holding entity rules – transferring shares and units in land holding entities in and out of an SMSF
  • Land tax – applicability of trust surcharges and grouping for land held by SMSFs and land held by unit trusts and companies, where the SMSF holds units or shares

By attending this session, participants will be introduced to some important State and Territory land tax and duty implications, and potential costs, that must be carefully considered, when an SMSF owns real property.

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

Disclaimer: Technical Papers contain general advice only and are prepared without taking into account particular objectives, financial circumstances and needs. The information provided is not a substitute for legal, tax and financial product advice. Before making any decision based on this information, you should assess its relevance to the individual circumstances of your client. 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 bulletin is not considered financial product advice for the purposes of the Corporations Act 2001. © SMSF Association