Ask Paul: Can we transfer property out of an SMSF and not pay stamp duty?

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Dear Paul,

My husband and I set up a self-managed super fund about six years ago, for the purpose of investing in residential property.

We have five properties in our SMSF. I retired recently and my husband is due to retire in September.

ask paul clitheroe stamp duty property smsf

We would like to take one of the properties out of our SMSF (once my husband retires), so we can use it for ourselves.

The problem is that the property is in the name of our SMSF and we want to transfer it into our names.

Is there a way this can be done without having to pay stamp duty again on a house that we (the two-member SMSF) have already paid when our SMSF bought the property? - Karen

I am getting a lot of questions about residential property in super funds, most relating to the falling market, so yours is an interesting one, Karen.

There is a lot of complexity in an SMSF and even more with holding property in the fund.

You can sell or transfer a property to any party, including yourselves, that is not "arm's length".

As you know, this does not apply when an SMSF buys a property. So you'll need to get it valued, but it is a transfer and I do believe you will pay stamp duty.

Your question is, on the face of it, really simple.

But the technical nature of an SMSF makes it a real minefield, so it is really important that you go to your SMSF adviser, probably your accountant, and get professional, detailed advice.

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Paul Clitheroe AM is the founder of Money and serves as the publication's editorial adviser. One of Australia's most trusted personal finance experts, Paul has spent decades helping Australians build wealth, manage debt and make smarter money decisions. He is widely known for host­ing the Money TV program and authoring best-selling personal finance books. Since launching Money in 1999, he has played a leading role in delivering practical, independent financial guidance to Australians. Paul is chair of InvestSMART Financial Services. He was the founding chair of Ecstra Foundation, a national not-for-profit focused on improving financial wellbeing, from 2018 to 2026, and led the Australian Government's Financial Literacy Board and Financial Literacy Australia from 2004 to 2019. In academia, Paul is chair in financial literacy at Macquarie University, where he is also a Professor in the School of Business and Economics. Ask Paul your money question. Due to volume, Paul cannot respond to questions posted in the comments section.
Comments
Bernadette Homer
April 26, 2021 3.12pm

Hi, My husband and I are retiring in September and will be moving back to the UK. We have a property in our SMSF that we would like to sell. Can we sell the property once we retire without paying CGT?

Michael Te kawau
September 28, 2021 4.28pm

Hi we have an 5 year old SMSF that has 2 property's. That is not working, any suggestions on what to do. Don't have an accountant or SMFS specialist. Alot of unexpected expenses we didn't know about when it was setup.