Property transfers between members and SMSF

SMSF members can transfer their real property in their personal names or related entities to their SMSF.

To transfer the title to the SMSF, you will need to collect all the following documents and send them to Revenue NSW:

1. Original executed agreement to transfer
2. Copy of the SMSF trust deed
3. ATO’s Superfund look-up confirming the superannuation fund as a complying fund
4. If the dutiable property being transferred is land, a copy of a current land title search (if possible) for the land being transferred or agreed to be transferred
5. If the dutiable property being transferred is marketable securities (being shares or units), a copy of the current unit register or share register
6. If a superannuation fund has not been confirmed as a complying superannuation, a statutory declaration that the trustee is satisfied, as at the execution date of the transfer, that the fund will be confirmed as a complying superannuation fund
7. Current register of members of the superannuation fund
8. Evidence that the property meets the SIS Act business real property test
9. If business real property is being transferred, confirm that the property is used for business/commercial purpose and what percentage of the property is used to carry on a business
10. Evidence that the business real property is being acquired for market value from a related party (being a member or members)
11. Evidence that the in-house asset is being acquired from members at market value
12. Stamped copy of the custodian trust deed if transferee is a custodian
13. Where there is more than one member transferring or agreeing to transfer the property, the property is to be used for the benefit of those members in the same proportions as it was held by them before the transfer or agreement to transfer. If the property is not used for the benefit of those members in the same proportions as it was held by them before the transfer or agreement to transfer, a clause in either the super fund deed or a variation to the super fund deed that the property is segregated for the benefit of the transferors / members is needed. This clause should be irrevocable and not subject to change
14. Purchaser Declaration Form