Transfer a member's business real property into a self-managed fund
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the title search, lease, member balances and fund deed, prepare the transfer, the trustee resolution and the duty concession application from precedents, and build a checklist of the related-party acquisition requirements and the duty concession eligibility conditions with the evidence for each.
- What the lawyer must review
- Decide whether the property is business real property the fund may acquire from a related party, confirm the transfer is at market value and how it is treated as contribution or purchase, confirm the duty concession conditions are met in the relevant jurisdiction, and settle the documents before lodgement.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the title search, lease, member balances and fund deed, prepare the transfer, the trustee resolution and the duty concession application from precedents, and build a checklist of the related-party acquisition requirements and the duty concession eligibility conditions with the evidence for each. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- Confirm the property is business real property the fund may acquire from a related party, checked against the ATO's related-party acquisition guidance (SMSFR 2010/1).
- Check the valuation supports the transfer price.
- Check each duty concession condition against a document on the file before lodging the application.
- Check the output against the source documents named in it before it is relied on.
Sources
- Revenue NSW: Self-managed super funds (transfer duty concessions) · 2026-10-18
- ATO: Rules on assets under a limited recourse borrowing arrangement · 2026-10-18
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.