YES you definitely can if they are listed shares, unlisted cause a lot more issues.

In an unexpected move back on 30 May 2013 the Government decided not to proceed with the proposed banning of off-market transfers of listed securities (shares, listed hybrids etc) by  people to their self managed super fund (SMSF). This means that shares can still be transferred between SMSFs and related parties off-market as of March 2021

The Government had previously announced that off-market transfers of listed securities between SMSFs and related parties would be banned from 1 July 2013. It was announced as a measure to prevent people abusing the system even though there was little proof of any abuse being widespread. Hopefully, the fact that they went so close to legislating such measures will serve as a warning to those who tinker at the margins of abusing the facility. I would expect the ATO to use the new penalty regime to target a few clear cases of abuse to ensure that the message gets through loud and clear! 

The Government had also previously announced that from 1 July 2013, a qualified independent valuation would be required in situations where an SMSF was acquiring an unlisted asset from a related party, or selling an unlisted asset to a related party. So selling properties, units in unit trusts or private company shares to or from the fund would have been made very expensive.

So the following is the “current position” in March 2021

The proposed ban on SMSF off-market transfers of listed securities between the fund and a related party, which was due to take effect from 1 July 2013, did not go ahead.

The proposed new additional requirement to obtain an independent valuation from a suitably qualified source when transacting with related parties and unlisted assets (e.g. certain types of property), which was due to come into effect from 1 July 2013, did not proceed.

SMSF Trustees can expect greater scrutiny of off market transactions by fund auditors as they meet their “breech” reporting obligations and take care not to attract the attention of the ATO in the first years of the new Auditor’s registration regime.

If you have concerns or want us to help you process transfers of shares to your fund just use the “schedule a meeting” option on the top left of this page or call our Castle Hill or Windsor Offices in the Norwest of Sydney for an appointment on 02 98941844.

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Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

Tel: 02　98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

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