Related party purchases must be clean

 

Trustees must ensure any purchase from a related party is not a proxy for a loan or financial assistance to avoid breaching their obligations.

 

         

SMSF trustees making purchases of business real property from a related party for inclusion in their fund need to ensure the transaction is not a proxy for a loan to a member to avoid breaching trustee obligations, a technical expert has warned.

Colonial First State head of technical services Craig Day said SMSF trustees could make certain purchases from a related party, but any transaction had to be carried out at market value and without any obligations attached.

“There is a need to watch out for financial assistance because a fund is prohibited from lending money or providing any form of financial assistance to a member or a relative of a member,” Day said during a session on the use of lumpy assets in an SMSF at the recent Tax Institute National Superannuation Online Conference.

“Financial assistance includes a wide range of circumstances and can include any security, obligation or lien over fund assets that provides financial assistance to a member where it relies upon assets of the fund.”

He said it did not matter if the assets of the SMSF were impacted or not, but rather as soon as a member, or a relative of a member, relies on the assets to get financial assistance it was a breach of section 65 of the Superannuation Industry (Supervision) Act.

Any form of financing arrangements would also create a breach as an SMSF member cannot provide any sort of assistance that would constitute or look like the provision of finance to a member or a relative of a member, he said.

“An example that has been given of this is where a member owns commercial property and sells it into their SMSF, and uses the capital released to invest into their business and then later arranges to buy the business real property back off the fund in the way that would constitute the repayment of a loan,” he said.

“Most people would never do this because of the transaction costs involved, but if someone is desperate for investment, but can’t get a bank loan, then you do see these types of arrangements, and it is financial assistance and it breaches section 65.”

 

 

Jason Spits
October 26, 2020
smsfmagazine.com.au

 

More Articles

Comparison of various Animal Weight

Check out the lightest to heaviest animals in the...

Read full article

ATO issues guidance on SMSF trustee appointment and compliance

The ATO has issued guidance on what SMSF members need to understand about compliance regarding...

Read full article

New SMSF trustees propel uptake of financial advice

The $1 trillion superannuation sector still has significant advice gaps   . The number of...

Read full article

ASIC to increase audit surveillance in 2025–26

The corporate regulator has said it will review an increased number of audit files in the upcoming financial...

Read full article

Start-ups to suffer under Div 296

The head of a prominent funds management house has predicted the proposed Division 296 tax will significantly...

Read full article

Investment and economic outlook, May 2025

Tariff reprieves, trade deals brighten the economic horizon . Australia Amid weaker global growth...

Read full article

Your 30 June superannuation checklist

With the end of the current financial year fast approaching, time is running out if you’re planning to boost...

Read full article

Legal case has succession planning lessons for SMSF members, advisers: legal expert

The recent Federal Court case, Lynn v Australian Financial Complaints Authority [2025] FCA 175, has...

Read full article

Sofie Korac is an Authorised Representative (No. 400164) of Prudentia Financial Planning Pty Ltd, AFSL 544118 and a member of the Association of Financial Advisers.

Financial Advice Sydney and the North Shore Office based in Lindfield NSW

Financial Services Guide - Disclaimer & Privacy Policy

^