Property Development and SMSFs - Maximizing Potential and Avoiding Traps

Television Education Network’s 13th Annual SMSF Conference

TEN

SMSFs have been carrying on property development activities ever since they first came into existence. Yet despite that there is still a common concern that such activities will cause the SMSF to become non-compliant, or subject to penalties, on the basis that such activities, and in particular undertaking a property development business, are prohibited.

In this paper Phil Broderick examines the provisions of the SIS Act and SIS Regs, and the tax acts, that must be considered when an SMSF carries on property development activities. He also discusses various structures under which an SMSF can carry out property development. Finally, Phil looks at issues arising out the use of related party builders when undertaking property developments.

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