Transferring Victorian property out of trusts and into SMSFs without duty

A Matter of Trusts

Taxation in Australia

Moving business real property out of trusts and into a self-managed superannuation fund (SMSF)1 can have significant tax advantages.2 Despite the significant potential of these tax advantages, there are often impediments to moving business real property into an SMSF, in the form of possible tax and duty consequences of the transfer, especially where the property is held in a unit trust or a discretionary trust and limits are imposed by the non-concessional caps. Legislative references are to the Duties Act 2000 (Vic) (Duties Act), unless specified otherwise.

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