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SMSFs and property paper

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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 06 Mar 19 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers:

issues to be considered when transferring or holding real estate to super funds
transferring real estate into super funds
holding real estate
structures to hold real estate
developing real estate in super funds
issues with related party builders
dealing with related party builders.

Author profile

Philip Broderick CTA

Phil Broderick, CTA is a principal of Sladen Legal and heads its superannuation team. He is member of a number of superannuation related committees, including being a member and the former chair of The Tax Institute’s superannuation committee and director and chair of the Institute of Financial Professionals Australia technical and policy committee. He is also a member of the ATO’s the Superannuation Industry Stewardship Group . Phil is also heavily involved in liaising with Treasury and ATO in relation to the implementation of new super laws and administrative practices. Phil’s areas of practice include superannuation, duties and state taxes, estate planning and succession, trusts, federal tax and business structuring. Phil was listed in the 2020 to 2026 Best Lawyers Australia for superannuation law and in 2026 for tax law, was recommended in Doyles leading Victorian tax lawyers for 2021 and 2023 and was the winner of the SMSF Association’s SMSF Specialist Advisor (SSA) Top Achiever Award in 2019. - Current at 21 July 2025

More by Philip BRODERICK

A Matter of Trusts: Owies – end of trustees’ discretion? - 01-October-2022
Property and SMSFs – how to structure paper - 15-September-2022
Divorce, death and super – how to exit an SMSF paper - 21-July-2022
Multiple party investment trust structures – Part 2: Superannuation (SMSF) issues paper - 18-October-2021
SMSFs and property development – where are we at? paper - 20-May-2021
SMSFRB 2020/1– Where are we now with SMSFs and property development? paper - 10-September-2020
Super death benefits and conflicts of interest – The latest battleground paper - 17-October-2019
SMSFs and property paper - 22-March-2019
A matter of trusts: Trust or sub-trust, that is the question - 01-April-2018
A matter of trusts: Presumption of regularity to the rescue? - 01-March-2018
Fixed Trust Issues for SMSFs paper - 24-August-2017
A matter of trusts: Units trusts and cost base resets under the TBC - 01-February-2017
A matter of trusts: Are foreign trusts the new black? - 01-November-2016
Structuring real estate within an SMSF paper - 26-October-2016
A matter of trusts: Real life examples of problematic variation clauses - 01-September-2016
Getting the sale proceeds into super paper - 04-May-2016
A matter of trusts: Foreign trusts and foreigner duty surcharge - 01-March-2016
Transferring real estate in and out of SMSFS paper - 21-August-2015
A matter of trusts: Director’s breach of fiduciary duties results in a clawback of super contributions - 01-April-2015
A matter of trusts: Transferring Victorian property out of trusts and into SMSFs without duty - 01-March-2015
A matter of trusts: SMSFs, trusts and property development: Part 2 - 01-February-2015
A matter of trusts: SMSFs, trusts and property development: part 1 - 01-December-2014
A matter of trusts: Unit trusts and superannuation – Does the look-through approach exist? - 01-May-2014
A matter of trusts: Super contributions result in breach of director’s duties - 01-March-2014
Benefit payments paper - 12-September-2013
A matter of trusts: Superannuation funds and public trading trusts - 01-July-2013
The current state of limited recourse borrowing paper - 04-August-2011
SMSF limited recourse borrowing - The old, the new and the controversial paper - 27-October-2010
Structured investments paper - 03-June-2010
The ATO’s focus on distributions from trusts to SMSFs - 01-October-2009
Superannuation ‘instalment warrants’ – Tips and traps for documenting and structuring paper - 28-May-2009
Matter of trusts: Kafataris v DCT: beneficiaries of superannuation funds and absolute entitlement - 01-March-2009
A matter of trusts: Transitional in-house assets post-30 June 2009 - 01-September-2008
When is a benefit from a trust not a fringe benefit? When it’s an “ownership” benefit - 01-July-2008
Investments in trusts by superannuation funds - 01-February-2008
A Matter of Trusts: Commissioner attacks 'trust stripping scheme' - 01-March-2007

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DisclaimerThese materials are 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.

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SMSFs and property paper

Author profile

Philip Broderick CTA

More by Philip BRODERICK

Individual sessions

LRBAs – The current state of affairs paper

LRBAs – The current state of affairs presentation

SMSFs and property paper

ATO Update - SMSF regulation emerging issues presentation

International issues presentation

Contribution strategies and pensions & SMSFs presentation

Further details about this event:

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