---
title: "Transfer a member's business real property into a self-managed fund"
url: "https://ailawframework.com/practice/superannuation/transfer-a-member-s-business-real-property-into-a-self-managed-fund"
type: "task"
site: "AI Law Framework"
id: "A27-T20261018-18"
practice_area: "Superannuation"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Transfer a member's business real property into a self-managed fund

> 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…

Canonical page: https://ailawframework.com/practice/superannuation/transfer-a-member-s-business-real-property-into-a-self-managed-fund  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Superannuation](https://ailawframework.com/practice/superannuation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the instructions, the jurisdiction and the complete relevant material before starting.
2. 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).
3. Check the valuation supports the transfer price.
4. Check each duty concession condition against a document on the file before lodging the application.
5. Check the output against the source documents named in it before it is relied on.

## Notes

- 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.

## Sources

- [Revenue NSW: Self-managed super funds (transfer duty concessions)](https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty/exemptions-and-concessions/self-managed-super-funds) (checked 2026-10-18)
- [ATO: Rules on assets under a limited recourse borrowing arrangement](https://www.ato.gov.au/individuals-and-families/super-for-individuals-and-families/self-managed-super-funds-smsf/smsf-investing/restrictions-on-smsf-investments/smsf-borrowing-restrictions/limited-recourse-borrowing-arrangements/rules-on-assets-under-lrba) (checked 2026-10-18)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/superannuation/transfer-a-member-s-business-real-property-into-a-self-managed-fund/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*