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Investments in unit trusts and companies: The current issues paper

Member Price: $57.00
Non Member Price: $75.00

DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 22 Aug 12 by VICTORIAN DIVISION, THE TAX INSTITUTE

SMSFs have been investing in certain related unit trusts and companies for years. However, new market conditions give rise to new issues for practitioners to be aware of, such as:

  • An SMSF might think it is investing in overseas property but it is actually investing in a foreign land holding company...this can cause many in-house asset considerations and proper handling is vital
  • SMSFs use reg 13.22 'ungeared' unit trusts as a convenient vehicle for joint investments or property development. However, what happens if the fine print in the builder's contract places a lein over the unit trust land?
  • How pre-12 August 1999 trusts can be caught by the in-house asset rules due to the obligation to distribute income or by converting them into an 'ungeared unit trust'.

This paper covers the key rules to be aware of when SMSFs invest in unit trusts and companies with a particular focus on how they apply in today's market, including tips and traps and detailed case studes.

Author profile

Bryce Figot CTA
Bryce Figot is also recognised as one of Australia’s leading SMSF lawyers. He has worked predominantly in the fields of tax and superannuation since 2001 and holds a Master of Laws from the University of Melbourne. Bryce is a regular seminar presenter on tax and SMSF topics and has published extensively in these areas. Bryce regularly presents for the major professional bodies including the SMSF Association, CPA Australia, The Tax Institute, Chartered Accountants Australia and New Zealand and DBA Network. Bryce is regularly quoted and published in the Australian Financial Review, the Herald Sun, CCH and LexisNexis publications, and elsewhere in the financial press. Bryce wrote the book Complete Guide to SMSFs: Planning for Loss of Capacity and Death, published by CCH Wolters Kluwer. Bryce is on the editorial panel of LexisNexis’ Australian Superannuation Law Bulletin. He is a Senior Fellow at the University of Melbourne’s Law School, where he is the subject coordinator of Taxation of Superannuation. Bryce is a Specialist SMSF Advisor™ as well as being a Chartered Tax Adviser. - June 2025 - Current at 30 June 2025
Click here to expand/collapse more articles by Bryce FIGOT.

 

This was presented at Super appreciation - A sensory analysis .

Get a 20% discount when you buy all the items from this event.

Individual sessions

Recent cases relating to SMSFs, compliance and super reform

Author(s):  Nathan Burgess

Materials from this session:

Changes to the law 2011/2012

Author(s):  Rebecca JAMES

Materials from this session:

SMSFs and related party transactions - The issues and the opportunites

Author(s):  David FOULDS

Materials from this session:

Limited Recourse Borrowing Arrangements - what you can and can't do

Author(s):  Robert O'Donohue

Materials from this session:

Investments in unit trusts and companies: The current issues

Author(s):  Bryce FIGOT

Materials from this session:

The use of binding nominations, reversionary pensions and powers of attorney with SMSFs

Author(s):  Allan SWAN

Materials from this session:

Further details about this event:

 

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