About the Guide to Leasing Commercial Property - SMSF

Fully compliant with 1 July 2007 Commonwealth legislation being the "Plan to Simplify and Streamline Superannuation"


This provides a guide ONLY. If you want a Commercial Lease for your Self Managed Superannuation Fund then click here

Why does my Superannuation Fund need a properly drafted and signed lease agreement when I just lease to property to myself or a related party?

I will always pay the rent, - if I can afford it, or later, when I can afford it. What is the problem with this?

The Commissioner of Taxation does not like this approach and for Superannuation Fund and you as trustee could be penalised for this uncommercial approach as it would infringe the purpose of the Superannuation legislation.

The paper tries to explain the issues related to the leasing out of property of the Superannuation fund to related parties.

NOTE: If you do not have a valid and enforceable lease agreement then the ATO may conclude that your self managed super fund is non-complying and you could loose all the benefit associated with it.