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SMSFs warned on catch with residential property purchases

November 8,2017

Clients who plan on undertaking property developments and later buying residential property from these developments through their SMSF, have been warned on a critical trap.

Speaking at the SMSF Summit, Cooper Grace Ward Lawyers partner Scott Hay-Bartlem explained that a superannuation fund can potentially purchase residential property from a property developer if it’s trading stock, because residential property held by a property developer as trading stock is business real property.

“So Meriton will have real estate which is business real property, because it’s used in their business. So, the fact it’s residential, doesn’t mean it can never ever be business real property,” said Mr Hay-Bartlem.