SMSF Transfer Lawyers Sydney

Get to know more about us

Move assets into or out of your self-managed super fund correctly, with expert legal advice on in specie transfers and duty concessions.

Transferring assets into or out of a self-managed superannuation fund is a technical area where compliance matters. It sits within our broader property and conveyancing practice. Superannuation law places strict limits on what can be transferred and how, and errors can expose your fund to penalties from the ATO. Our lawyers advise on in specie transfers, confirm eligibility, and prepare and lodge the correct documentation.

What Is an In Specie Transfer?

An in specie transfer is an off-market transfer of a non-monetary asset into or out of an SMSF, without first converting it to cash. Rather than selling the asset and moving the proceeds, the asset itself is transferred directly. This is commonly used with SMSFs because it avoids the need to liquidate investments and can be more tax-effective when handled correctly.

What Can and Cannot Be Transferred

Superannuation law restricts the types of assets that can be transferred in specie. Generally, only three categories are permitted: listed shares and securities, managed funds, and business real property. Residential property cannot be transferred in specie from a related party into an SMSF. If you are weighing up buying property through your fund, our guide to SMSF property investment rules and risks is a useful starting point.

Duty and Tax Considerations

In specie transfers of property in NSW can attract a concessional fixed stamp duty of $750 where eligibility requirements are met, compared to standard duty that can run to tens of thousands of dollars. Because a transfer involves a change of ownership, capital gains tax may also apply, so coordinated legal and financial advice is important before proceeding.

How V.S. George Lawyers Can Help

For any transfer into or out of your fund, our team will:

Confirm your proposed transfer complies with superannuation law before you commit.
Identify the duty concessions available, including the section 62A fixed duty.
Prepare and lodge all required documents with Revenue NSW.
Work alongside your accountant and financial adviser so nothing is missed.

Ready to speak with our team? Visit our contact page or call 02 9150 6991 to arrange a confidential discussion.

FAQs

What is an in specie transfer in an SMSF?

An in specie transfer is an off-market transfer of a non-monetary asset into or out of an SMSF without converting it to cash. Instead of selling the asset and moving the proceeds, the asset itself is transferred directly. This is commonly used with SMSFs because it avoids the need to liquidate investments.

What assets can be transferred in specie to or from an SMSF?

Under superannuation law, only three types of assets can be transferred in specie: listed shares and securities, managed funds, and business real property. Residential property cannot be transferred in specie from a related party into an SMSF.

Does an in specie transfer need to be at market value?

Yes. All in specie transfers must be conducted at current market value, regardless of the direction of the transfer. Using an incorrect valuation can breach superannuation law and expose the fund to penalties from the ATO.

Does an in specie transfer trigger capital gains tax?

Yes. Because the transfer involves a change of ownership, the asset is treated as having been disposed of at market value. This means capital gains tax may apply. If the asset has been held for more than 12 months, a CGT discount may be available. An accountant should be consulted before proceeding.

What stamp duty applies to in specie SMSF transfers in NSW?

Stamp duty on shares is nil. For property transfers, a fixed duty of $750 applies to eligible in specie transfers in NSW under the Duties Act 1997 (NSW), compared to standard ad valorem duty that can run to tens of thousands of dollars. Strict eligibility conditions apply and correct documentation must be lodged with Revenue NSW.

Can I transfer assets from a related party into my SMSF in specie?

Generally no. Superannuation law prohibits an SMSF from intentionally acquiring assets from a related party, with limited exceptions. Business real property and listed securities are the primary exceptions where a related party transfer may be permitted. Legal and financial advice is essential before attempting any related party transfer.