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  1. Gary Turner

     /  September 24, 2020

    Hi Vincent

    I have two SMSFs and after the death of my sister, I am the sole director and sole member of both. Both funds are 100% in pension phase and both are 100% tax free. Each fund has a unique corporate trustee.

    I wish to transfer a Qld residential property (duplex) from one SMSF to the other and then close the former SMSF thus simplifying affairs to one SMSF.

    Is there any issue in transferring residential property in-specie between SMSFs in pension phase?

    Is there any stamp duty concession for transfers between SMSFs in Qld where the trustee is different but the individual beneficiary is the same?


  2. Johnsmsf

     /  January 6, 2020

    Very helpful article. I’m in Victoria and would like to purchase commercial property held solely in my name through our smsf of which myself and my wife are only directors and beneficiaries. Would section 41 stamp duty concession apply in this case given it is a sale at market value not just a transfer if it can be made clear the asset will be allocated entirely to me within the smsf and there is no change in beneficial ownership? It is the monetary consideration part that I am not sure of, if someone can kindly clarify


  3. Great for Vic based SMSFs but great also for SMSFs in other states which buy Victorian properties.

    Liked by 1 person

  4. Hi Liam,

    I just read the article. I’m a lawyer in Melbourne and have done a few of these transfers myself, from the individual to his smsf, for Victorian properties, without incurring stamp duty. They are known as in-specie transfer using non-concessional contribution or the CGT cap. They have to be business real property and there must be no consideration. Also the ‘evidentiary requirements’ on the SRO website have to be provided. There are also other conditions which have to be satisfied. I can also do transfers from a discretionary trust to a beneficiary. Again certain conditions have to be met. Usually this is the first step when the property is in the trust and the client wants to transfer it to their smsf. I’ve written articles on this topic in the SMSF Adviser magazine. If any of your clients or readers need help with this, I’m happy to assist.

    Kind regards,
    Kenneth Ang


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  6. Kenneth Siah

     /  August 3, 2016

    Dear Coach, How about transfer in the other direction? Kenneth 0403 256765


    • Hi Kenneth

      Again it depends on your state. NSW and SA buyer will probably have to pay Stamp duty but Victoria probably not. Ask your lawyer to explore all options and worth calling the Duties office yourself.


  7. Vincent Walasek

     /  June 24, 2016

    I understand that Stamp Duties are payable on the transfer of personally owned property into ones SMSF but what happens when you reach the age of retirement and want to cash out. Is Stamp Duty payable on the transfer of the property out of the SMSF? Based in SA and soon to retire.


    • Hi Vincent

      This is not a site for specific personal advice so you should contact a solicitor in South Australia. However in general I do not believe there is an exemption on Stamp Duty when moving a property from an SMSF to the individual in SA. If you sell the property in the fund and pay the cash out then that will be tax free if in pension phase. If however you are moving the actual property out as a lump sum withdrawal then you will most likely be up for full stamp duty in your personal capacity as buyer. I would strongly recommend personal advice from professionals in your state.

      Hope this helps.



  1. Benefits Of Transferring A Business Property In To Your SMSF – Superannuation Strategy | The SMSF Coach

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