News : Property

Investments, Property

Gearing rules can be subjective

Bluestone Richard Chesworth Borrowing SMSF Self-managed superannuation property

Practitioners and trustees must be conscious of the subjective nature of the gearing rules when looking to borrow to perform work on an SMSF property.

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Property, Residential Property

FHSSS determination process clarified

An individual can use the FHSSS if they have entered into a purchase contract without requesting a relevant determination in certain circumstances.

An individual can use the FHSSS if they have entered into a purchase contract without requesting a relevant determination in certain circumstances.

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ASIC, Property, SMSF

Court disqualifies, fines property developer

A property developer who promoted the use of SMSFs to invest in unlicensed investment schemes has received a record court-ordered fine.

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Property, SMSF, Trusts

New rules diminish declarations of trust

SMSF Self-managed superannuation Declaration of trust Asset ownership Stamp duty ATO ASF Audits Shelley Banton

The use of a declaration of trust to deal with the ownership of SMSF assets has been undermined by ATO guidance and legislative changes.

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Auditing, Property

Second-tier valuation evidence less reliable

SMSF Self-managed superannuation Deloitte Liz Westover Asset valuation Audit evidence

Trustees struggling to get formal property valuation evidence can use other forms of data to support their estimate, but they may be regarded as less reliable by the fund’s auditor.

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Property

No grace for slow related-party rent

SMSF Self-managed superannuation Sole purpose test Related party Rental income Collateral purpose Cooper Partners Financial Services Jemma Sanderson

SMSFs receiving rental income from a related party cannot extend charity if they fall behind in payments as assistance may breach the sole purpose test.

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Compliance, Property, SMSF

SMSF in administration can sell property

Re Absolute Vision Technologies SMSF Property Administration Sladen Legal Terence Wong Self-managed superannuation

The NSW Supreme Court has ruled a former SMSF trustee can sell a property while in administration on the provision the fund’s existing members consent to the sale.

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Compliance, NALI/NALE, Property

Use separate deals to avoid in-specie NALI

In-specie transfer Property NALI Non-arm's-length income SMSF Self-managed superannuation

SMSF trustees can steer clear of NALI with a simple adjustment when acquiring property via a part purchase and in-specie transfer transaction.

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Investments, Property, SMSF

New NDIS offering aids better outcomes

NDIS National Disability Insurance Scheme SMSF Investment Housing

SMSF members can receive solid returns and address some housing issues by investing in certain accommodation associated with the NDIS.

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LRBA, Property

LRBA housing market impact overstated

LRBA Limited recourse borrowing arrangement SMSF Association Property

Data has been presented to a parliamentary committee showing the effect LRBA use has had on Australia’s housing market has been exaggerated.

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