Technically Speaking: Property Investing v Property Development

This issue of Technically Speaking, written by Head of Education and Technical, Peter Hogan, looks to provide answers to:

  • Property investor or property developer?
  • Can an SMSF carry on a business of any kind?
  • What constitutes a property rental business?
  • Can I sell my rental property into my SMSF?
  • What are the restrictions in how my SMSF acquires residential property?
  • Can my rental property be treated as business real property?
  • What type of property is treated as business real property?
  • Will residential rental property ever be eligible to be treated as business real property?
  • When will an SMSF be carrying on a property development business?

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