Transfer comm IP into SMSF

Here's one for the SMSF guru's.

I have a commercial IP that has a retail shop downstairs and has 2 residential units upstairs.
I have no interest in the business renting the shop.
Now i have been told that if i convert the upstairs units too offices so that the entire property is commercial i can then transfer the Ip into my SMSF without paying stamp duty and CGT.

If the above is correct can i pay out the exsisting loan with my SMSF?

I intend too redevelop the property in the near future so i will need to be able to secure funding and are unsure if or how the banks will lend to SMSF?

Once the Ip is transfered what happens if i reconvert the upstairs back too residential units, maybe even more units?

If i sell the developed property inside the SMSF do i pay CGT?

I have known about this for a while and i still have 17 yrs to wait till i can access my super, but it sounds like an opportunity too good to refuse.

I have other residential Ip's and shares which i will keep outside of my SMSF.

I am not after detailed answers.......... just the basics, so thanks for your time.
Cheers
Ken
 
Lots of issues to discuss with your adviser.

1. Will you obtain the CGT concessions on transfer of the property to your SMSF ? This will determine whether the capital gain on transfer can be reduced to possibly nil. Have a good read of http://law.ato.gov.au/atolaw/view.htm?locid=dxt/td2006d31/nat/ato to determine whether the main purpose is to derive rent. If it is to derive rent then you don't get the concessions. Sounds like you will not get the concessions because the property is not connected with a business you operate nor do you seem to be in the business of leasing commercial properties.

2. My understanding is that stamp duty for commercial properties is not payable on property transfer in Vic to an SMSF but confirm with your advisers.

Number 1 is your main issue in my opinion but again seek professional advice.
 
  • Like
Reactions: emu
Back
Top