The issue of Technically Speaking, written by the Association’s Technical Manager, Mary Simmons, is the final piece of a two-part series, click here to read Part 1. This series revisits the rules and strategies around property development with a focus on ways for SMSF trustees to structure arrangements, with related and unrelated parties.
This edition of Technically Speaking covers:
- Issues that arise with co-ventures, including joint ventures, partnerships and tenants in common.
- Unpacking the broad range of regulatory requirements that may limit the use of non geared related unit trusts.
- Exploring unrelated unit trusts that can overcome some superannuation tax hurdles.
- The unique features of a pre 1999 unit trust that can be valuable for property development.
- The need for any arrangement to be consistent with the sole purpose test, an SMSF’s investment strategy and trust deed, as well as be on commercial arm’s length terms.
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