Any asset acquired by your SMSF must meet the sole purpose test – that is, your investment can only be made for the sole purpose of supporting your and other fund members’ retirements. You, your friends, and your family (‘related entities’) can’t benefit financially from a property that your SMSF acquires. It’s why you can’t live in a residential property owned by your SMSF – or rent it to, buy it from, or sell it to people you know.
But there are exceptions to the sole purpose test. When a property is used wholly or exclusively in one or more businesses (‘the business use test’), it can be purchased from, sold to, or leased to a related entity. The main requirement: any transactions must occur at ‘arm’s length’ – that is, under the same terms that would be reasonable if you and the lessee/buyer/seller didn’t know each other.
If you own a business, you may be able to acquire your business premises and lease them to your business on arm’s length terms – which means your business’s rent is paid into your SMSF and taxed at a concessional rate. (You must have an enforceable lease agreement in place between your SMSF and the business in question.)
The other exception to the sole purpose test is for a property that is used in one or more primary production businesses. That property won’t fail the business use test on the basis of both of the below being true:
- an area of the property (two hectares or less) contains a dwelling used primarily for domestic or private purposes
- the area is also used primarily for domestic or private purposes.
Keep in mind that the above information is general and purely informational in nature. It is not super, tax or financial advice and should not be interpreted or used as such. For personalised advice, contact our team for a referral to an accredited super or financial adviser.