Self-Managed Super Fund Property Transactions

At RMB Lawyers, we understand that managing a property within a Self-Managed Super Fund (SMSF) involves complex legal and financial considerations, especially when it comes to transfers and borrowing arrangements. Our experienced team at RMB Lawyers provides tailored legal services to ensure your SMSF property transactions comply with superannuation laws and maximises available concessions, such as stamp duty exemptions and concessions. Whether you’re navigating a Limited Recourse Borrowing Arrangement (LRBA), establishing a Bare Trust, or want to take advantage of the available stamp duty concessions with Revenue NSW, we’re here to guide you every step of the way.

Our SMSF Transfer & LRBA Services

We offer comprehensive support to SMSF trustees, ensuring your fund’s property transactions are seamless, compliant, and cost-effective. Our services include:

  • Limited Recourse Borrowing Arrangements (LRBA): We assist with setting up and managing LRBAs, ensuring compliance with superannuation and tax laws. From drafting loan agreements to advising on single acquirable assets, we help protect your fund’s assets while meeting lender requirements.
  • Bare Trust Documents: Our team prepares and reviews Bare Trust deeds, ensuring they meet state-specific requirements and align with your SMSF’s investment strategy. We advise on the correct timing and execution to avoid unnecessary stamp duty costs.
  • Stamp Duty Concession Applications: We specialise in securing concessional stamp duty for property transfers into and within SMSFs. Our lawyers liaise with Revenue NSW to provide all necessary documentation to help you obtain the available stamp duty concessions.
  • Property Transfer Advice: After an LRBA loan is repaid, we guide trustees on transferring property from the Bare Trustee to the SMSF trustee, ensuring compliance and minimising tax and duty implications.
  • Commercial Premises Leasing: We provide expert advice and documentation for leasing commercial properties held by your SMSF, ensuring compliance with superannuation and tax laws. Our team drafts and reviews lease agreements, advises on arm’s length terms to meet related-party transaction rules, and ensures rental income is correctly structured to maximise your fund’s returns while maintaining compliance
  • Compliance & Documentation: We ensure all minutes, resolutions, and statutory declarations are correctly drafted and retained to meet Australian Taxation Office (ATO) and Revenue NSW requirements, safeguarding your fund from penalties.

Why Choose RMB Lawyers for SMSF Property Transactions?

With decades of experience across the Illawarra and NSW, RMB Lawyers combines local knowledge with technical expertise to deliver practical solutions for SMSF trustees. We pride ourselves on:

  • Expert Guidance: Our lawyers stay updated on superannuation and property law changes, ensuring your SMSF remains compliant.
  • Cost-Effective Solutions: We focus on securing stamp duty concessions and structuring LRBAs to minimise costs.
  • Personalised Service: We take the time to understand your fund’s goals, providing tailored advice that aligns with your investment strategy.
  • Regional Presence: As a trusted Wollongong firm with 19 locations across NSW, we’re accessible and committed to regional clients.

Secure Your SMSF’s Future Today

Navigating SMSF property transactions and LRBAs can be daunting, but RMB Lawyers makes it straightforward. Let us handle the legal complexities so you can focus on growing your superannuation. Contact our team today to discuss your SMSF property needs or to schedule a consultation.

Call us on (02) 4228 8288 or get in touch online for expert SMSF Property advice