Published on 22 Aug 12
by VICTORIAN DIVISION, THE TAX INSTITUTE
SMSFs have been investing in certain related unit trusts and companies for years. However, new market conditions give rise to new issues for practitioners to be aware of, such as:
- An SMSF might think it is investing in overseas property but it is actually investing in a foreign land holding company...this can cause many in-house asset considerations and proper handling is vital
- SMSFs use reg 13.22 'ungeared' unit trusts as a convenient vehicle for joint investments or property development. However, what happens if the fine print in the builder's contract places a lein over the unit trust land?
- How pre-12 August 1999 trusts can be caught by the in-house asset rules due to the obligation to distribute income or by converting them into an 'ungeared unit trust'.
This paper covers the key rules to be aware of when SMSFs invest in unit trusts and companies with a particular focus on how they apply in today's market, including tips and traps and detailed case studes.
Bryce is a lawyer with DBA Butler Pty Ltd. Lawyers
Current at 11 March 2009