The SMSF Club | Commercial
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Commercial Property In Super

Business real property generally means land and buildings used wholly and exclusively in a business. Business real property, such as commercial or industrial property, or a shop, or even a farm, can be a legitimate SMSF investment in the same way that residential property can be. In terms of superannuation investments, the key difference is that, unlike residential property, a SMSF can buy business real property from fund members, and fund members (or relatives of fund members) can use that asset if they choose to do so. Any lease in place must be at market rent and in line with the terms and conditions of a typical commercial lease.

Business real property can also be transferred as an in specie (non-cash) contribution, subject to contributions caps, and any small business retirement exemptions available (if applicable).

Any capital gains tax payable on the transfer is a tax bill for the individuals who originally owned the asset rather than the SMSF, although, with tax advice, there may be opportunities to reduce or eliminate that tax.

In some states, stamp duty will be payable on such a transaction. You need to check with your State Revenue Office whether stamp duty is applicable.