Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 336

How to sell business real property into an SMSF

From 1 July 2018, a new law provides that in certain circumstances, the outstanding amount of a Limited Recourse Borrowing Arrangement (LRBA) will count towards the relevant member’s Total Superannuation Balance (TSB).

How will these new provisions affect the plans of SMSF members who could otherwise have benefitted from putting their business real property into their super fund?

Impact on future contributions

Let’s consider an example of Bruce and his plan to sell/transfer his property to his SMSF:

  • Bruce and his wife Linda have an SMSF of which they are the only members and trustees.
  • Bruce is 65 and Linda is 60 and in full time employment.
  • Bruce solely owns a commercial property in NSW worth $2 million and wants to sell this property to the SMSF.
  • Bruce and Linda have recently reviewed and revised the investment strategy of their SMSF.
  • Bruce and Linda have approximately $1 million and $500,000 respectively of liquid assets in their SMSF available to spend on this property purchase.
  • To fund the shortfall for the purchase price the SMSF will borrow using an LRBA.

Assuming the property is a ‘business real property’ in NSW, the SMSF’s purchase from Bruce may be eligible for stamp duty concession, meaning a potential saving of up to $94,800 on stamp duty. One of the requirements for this concession is that the purchase is financed by only Bruce’s interest in the SMSF and an LRBA (i.e. Linda’s interest of $500,000 cannot be used towards the purchase).

If the SMSF uses Bruce’s interest of $1 million, and borrows under an LRBA a further $1 million to finance the purchase, any outstanding LRBA loan amount as at the next 30 June (i.e. 30 June 2020) will count towards Bruce’s total superannuation balance as he has reached the age of 65.

It would also have applied if Bruce had not reached 65 but had borrowed from a related party.

Once added to Bruce’s TSB, it will affect his eligibility in the following financial year (i.e. FY2020/21) for carry forward concessional contributions, non-concessional contributions cap and bring forward of the non-concessional contribution caps, spouse tax offset, and segregated asset method to calculate exempt current pension income.

Not the death of the strategy

Is the strategy of selling your business real estate into your SMSF effectively dead? Not quite.

Let’s now consider a different scenario where the SMSF’s purchase is structured into two separate transactions of:

  • purchase by SMSF of the first 50% of the property to be segregated in the SMSF for sole benefit of Bruce (first purchase); and
  • purchase by the SMSF of the other 50% of the property to be segregated in the SMSF for sole benefit of Linda (second purchase).

The first purchase will:

  • only use Bruce’s balance (approx. $1 million)
  • be segregated in the fund for sole benefit of Bruce
  • be eligible for stamp duty concession (subject to other conditions being satisfied for the concession of course)
  • be transferred to the Fund Trustee(s)
  • be without any use of LRBA, thereby not affecting Bruce’s TSB.

The second purchase will:

  • only use Linda’s balance (approx. $500,000) and an LRBA loan
  • be segregated in the fund for sole benefit of Linda
  • not be eligible for stamp duty concession (full stamp duty on this 50% will be payable)
  • be transferred to a bare trustee/holding trustee for the SMSF (LRBA)
  • will not affect Bruce’s TSB as this 50% secured under the LRBA doesn’t support his superannuation interest (it is segregated for the sole benefit of Linda)
  • will not affect Linda’s TSB as she hasn’t satisfied the condition of release (i.e. has not obtained the age of 65 and is still employed)

The above example is used for the purpose of demonstrating potential implications of the new laws relating to LRBAs counting towards members’ TSB.

If you are considering a similar transaction, actual implementation would be complex and require legal, financial and tax advice as well as negotiation with the lender.

 

Jeff Song is Senior Solicitor, Division Leader Superannuation Online Services at Townsends Business & Corporate Lawyers. This article is based on an understanding of the legislation at the time of publication and individuals should seek their own financial and legal advice. 

 

  •   11 December 2019
  •      
  •   

 

Leave a Comment:

RELATED ARTICLES

Minister Jane Hume on SMSFs and superannuation reform

Importance of updating your SMSF Trust Deed

Property excitement, a Saturday auction and an SMSF

banner

Most viewed in recent weeks

How cutting the CGT discount could help rebalance housing market

A more rational taxation system that supports home ownership but discourages asset speculation could provide greater financial support to first home buyers.

Is there a better way to reform the CGT discount?

The capital gains tax discount is under review, but debate should go beyond its size. Its original purpose, design flaws and distortions suggest Australia could adopt a better, more targeted approach.

Want your loved ones to inherit your super? You can’t afford to skip this one step

One in five Australians die before retirement and most have not set up their super properly so their loved ones can benefit from all their hard work and savings. 

Welcome to Firstlinks Edition 648 with weekend update

This is my last edition as Editor of Firstlinks. I’m moving onto a new role though the newsletter will remain in good hands until my permanent replacement is found.

  • 5 February 2026

Super is catching up, but ageing is a triple-threat

An ageing Australia is shifting the superannuation system’s focus from accumulation to the lifecycle of retirement. While these pressures have been anticipated for decades, they are now converging at scale and driving widespread industry change.

Meg on SMSFs: Last word on Div 296 for a while

The best way to deal with the incoming Division 296 tax on superannuation is likely doing nothing. Earnings will be taxed regardless of where the money sits, so here are some important considerations.

Latest Updates

Taxation

3 ways to defuse intergenerational anger

With the upcoming budget increasingly likely to include bold proposals to alter the tax code I’ve outlined three incremental steps with fewer unintended consequences.

Economy

Why an extended US-Iran war will punish mortgage holders

The impact of the Iran War is far more than expensive petrol. Higher oil prices have secondary inflationary impacts that reverberate throughout the economy which could be bad news for Australians with mortgages.

Infrastructure

Don’t forget the yield

Global Listed Infrastructure dividends are forecast to grow 5-6% p.a over the next two years. After a hiatus, share buybacks are back on the agenda and will play an integral role in shareholder returns.

Iran war hands politicians free ticket to blame oil prices for inflation

Past oil shocks offer lessons for investors dealing with the fallout from the Iran War and the ongoing impact on inflation.

Economy

Japan 2026: A new PM heralds a new golden age?

Former Australian Prime Minister, Paul Keating, once said "When you change the government, you change the country." We're about to see whether that holds true in Japan.

Investment strategies

Why are central banks moving from US Treasuries to gold?

Central banks now hold more gold reserves than US Treasuries, signalling a shift in safe-haven asset strategy and portfolio diversification as geopolitical risks increase.

Strategy

Has global human wellbeing peaked? What the data reveals

Historically economic progress is measured by GDP growth but there is an increasing body of work that explores quantitative measures of wellbeing.

Sponsors

Alliances

© 2026 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.