Stamp Duty: Transferring an Investment Property into an SMSF Without Paying Stamp Duty

Individuals often invest in property as part of their retirement planning, and pay stamp duty at the time of purchase. Subsequently, they establish an SMSF and wish to transfer the property from their personal names to their SMSF for tax reasons. This can be done in some cases without paying stamp duty a second time.

Under s 62A of the Duties Act 1997 (NSW), a member of an SMSF may, for a nominal duty of $750, transfer a property into their SMSF, solely for the purpose of providing a retirement benefit to the member.

Note that any use of an SMSF to buy residential property in Australia, must comply with the Superannuation Industry (Supervision) Act 1993 (Cth), the regulations imposed by the Australian Taxation Office, and the evidentiary requirements required by the State Revenue Office.

If you or someone you know wants more information or needs help or advice, please call 02 9150 6991 or email [email protected]

Important Disclaimer: This content contains general information for reference purposes only. If you are considering setting up a self-managed superannuation fund or transferring your property into a self-managed superannuation fund, we strongly recommend obtaining professional legal advice tailored to your circumstances.