Can I Buy A Residential Investment Property From My SMSF?


Make sure to bookmark our Property in an SMSF page for guidance!

buying a residential investment property from your SMSF

So, you have invested in residential property through a Self-Managed Superannuation Fund (SMSF), a popular strategy for Australians looking to gain direct control over their retirement savings. Or, you are proudly a member of the “brinks and mortar brigade” for whom it can be a strategic way to grow your retirement savings in Australia in an asset class they have confidence or experience in themselves.

However, for some reason like the Div 296 Tax or because you want to use the property personally or for your family, you now want to take that property out of the fund. What are your options?

Firstly, note the Australian Taxation Office (ATO) maintains strict compliance rules to ensure these investments are solely for providing retirement benefits.

Core Eligibility:  Yes a member can purchase a property from their own SMSF

    Unlike when an SMSF is purchasing a residential property in the first place, where it cannot acquire it from a related party, there are no such restrictions when it comes time to selling or transferring a property from your SMSF to yourself or another related entity.

    Independent Valuation & Market Value Requirements

      All transactions must be conducted at market value to comply with “arm’s length” requirements.

      Independent Valuations: While not always strictly mandatory for every annual audit, the ATO requires “objective and supportable data”.

      When it is Mandatory: A formal valuation from a qualified independent valuer is required when disposing of an asset to a related party or if the property represents a significant portion of the fund. When selling to yourself it is important that the SMSF Trustees are seen as acting in the best interest of all the fund’s members. So just get an Independent Valuation!

      Purchase at Market Value (onus is on SMSF Trustee(s):

      The investment property must be purchased at the current market value, as determined by the independent valuation. SMSFs are not permitted to sell or dispose of assets to anyone including related parties, such as fund members or their associates, for less than the market value. There are sever penalties for a breach of these rules and regulations.

      SMSF penalties for non-arms-length related party transactions are severe and designed to ensure funds are used solely for retirement benefits rather than providing present-day financial assistance to members, relatives, or associated entities. Penalties can range from administrative fines of tens of thousands of dollars to the disqualification of trustees and the loss of tax concessions

      Funding the Purchase: Borrowing to buy from the SMSF

      If the purchaser (you or a family trust for example) does not have enough cash for an outright purchase, they can borrow money through a normal residential investment property loan or against equity in your own home. There is no need for any Limited Recourse Borrowing Arrangements (LRBA).

      Pension Phase: Taking Property Out

      Once a member reaches pension phase (and meets a condition of release, such as turning 65 or leaving any one employer after age 60), they have options for the property.

      Lump Sum Commutation (In-Specie): You can “commute” part of your pension and take the property out of the fund as an in-specie lump sum. This involves transferring the legal title from the SMSF to yourself personally or you can direct the trustees to move it to another entity of your choice.

      Tax Advantages: If the fund is in the retirement (pension) phase, capital gains tax (CGT) on the transfer may be significantly reduced or eliminated.

      Cash Restrictions: Note that regular pension payments must be made in cash; only lump sum payments can be made “in-specie” (as an asset).

      Stamp Duty Costs by State

      An SMSF must pay stamp duty (transfer duty) just like any other buyer. Costs vary significantly across Australia. Below is an estimate of duty for a $800,000 investment property (as of early 2026):

      State/TerritoryEstimated Stamp Duty ($800k Property)
      Queensland (QLD)~$21,850
      ACT~$22,158
      New South Wales (NSW)~$30,412
      Northern Territory (NT)~$39,600

      Note: Rates are progressive; for properties over $1.2m, NSW costs rise to ~$48,412. Check current rates via the Revenue NSW Calculator or State Revenue Office Victoria. It’s important to note that any  residential property transaction through an SMSF involves complex legal and financial considerations. It’s recommended to seek advice from a qualified SMSF Specialist financial advisor or accountant and in this case your SMSF Auditor and your Lawyer/Conveyancer to ensure that you’re your strategy complies with relevant superannuation and tax regulations before implementation

      Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? then why now contact us at our Castle Hill or Windsor office in Northwest Sydney to arrange a one-on-one consultation, just click the Schedule Now button up on the left to find the appointment options.

      Please consider passing on this article to family or friends. Pay it forward!

      Liam Shorte B.Bus FSSA™ AFP

      Financial Planner & Fellow SMSF Specialist Advisor™

            

      Tel: 02 9899 3693, Mobile: 0413 936 299

      • PO Box 6002 NORWEST NSW 2153
      • Suite 40, 8 Victoria Ave, Castle Hill NSW 2154
      • Suite 4, 1 Dight St., Windsor NSW 2756

      Corporate Authorised Representative of Viridian Advisory Pty Ltd ABN 34 605 438 042, AFSL 476223

      This information has been prepared without taking into account your objectives, financial situation, or needs. Because of this, you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation, and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

      How is my Transfer Balance Cap Calculated


      Stay informed, seek advice and adjust strategies accordingly!

      One of the most common questions we get asked is “How is my Personal TBC affected by the increase in the General TBC from $2m to $2.1 on 1 July 2026?

      Your Personal Transfer Balance Cap (TBC) is calculated by the Australian Taxation Office (ATO) based on the highest ever balance in your Transfer Balance Account (TBA). It tracks, in reasonably real-time (if you or your accountant have reported correctly quarterly via a TBAR – transfer balance cap report), the amount of super transferred into retirement phase (credits) minus any voluntary commutations (debits), typically starting at $1.6M to $2.0M+ depending on when you first started a pension. Note from 01 July 2026 the General Transfer Balance Cap will rise to $2.1m for those starting their first pension after that date.

      How the TBC Calculation Works 

      • Initial Cap: The General TBC ($2M in 2025–26 and rising to $2.1m for 2026-2027) is your personal cap if you start a pension for the first time on or after 1 July of each tax year.
      • Highest Ever Balance: If you had a pension before 1 July 2025, your TBC is proportional to the highest amount you ever had in retirement phase.
      • Indexation Calculation: If the general cap increases, and you have unused cap space, your personal cap increases proportionately based on your highest ever balance.
        • Example: If you used 60% of your cap in 2024-25, you are only eligible for 40% of any new indexation increase. So if General Transfer Balance Cap rises by $100,000 your TBC has only risen by $40,000 to $1,940,000 in 2025-26

      Key Components 

      • Credits: Starting a retirement pension, structured settlement contributions.
      • Debits: Commuting a pension (moving money back to accumulation phase), death benefit payments.
      • Defined Benefits: Specially calculated using a formula, usually (Dailypensionamount×365)×16cap D a i l y space p e n s i o n space a m o u n t cross 365 close paren cross 16𝐷𝑎𝑖𝑙𝑦 𝑝𝑒𝑛𝑠𝑖𝑜𝑛 𝑎𝑚𝑜𝑢𝑛𝑡×365)×16. 

      Worked Example by ATO

      Example: highest ever balance below $1.6 million before indexation with credits

      Nina started a retirement phase income stream with a value of $1.2 million on 1 October 2018 and her cap was $1.6 million.

      The general transfer balance cap indexed by $100,000 to $1.7 million from 1 July 2021.

      There were no more events in Nina’s transfer balance account before indexation. The highest ever balance in her transfer balance account is $1.2 million.

      Nina’s unused cap percentage is 25% of $1.6 million.

      Nina’s personal transfer balance cap was indexed by 25% of $100,000 (increment amount) when indexation started on 1 July 2021, increasing her personal transfer balance cap to $1.625 million.

      The general transfer balance cap was indexed by $200,000 to $1.9 million from 1 July 2023. Nina’s personal transfer balance cap is increased to $1,675,000 (25% of the $200,000 increase to the general transfer balance cap).

      Nina started a $400,000 retirement phase income stream on 1 October 2023. This increased the balance of her transfer balance account to $1.6 million. This is a credit event in Nina’s transfer balance account before indexation.

      Nina’s highest ever transfer balance is $1.6 million.

      Nina’s new unused cap percentage is calculated as follows:

      • 0.95522 being $1.6 million (highest ever balance of her transfer balance account) divided by $1.675 million (transfer balance cap on the first day she had that balance)
      • 95% expressed as a percentage, rounded down to the nearest whole number
      • subtract 95 from 100 = 5%.

      The general transfer balance cap was indexed by $100,000 to $2 million from 1 July 2025.

      Nina’s personal transfer balance cap is indexed by 5% of $100,000 on 1 July 2025, increasing it by $5,000 to $1.68 million.

      Important Notes 1

      Excess TBC: If you exceed your personal cap, you must remove the excess, any associated earnings and also pay tax on those earnings from the tax-free retirement phase to avoid ongoing penalties.

      Key Actions to Rectify Excess TBC:

      • Commute the Excess: You must “commute” the excess amount, which means transferring it from your retirement phase income stream (pension) back into an accumulation account or withdrawing it as a lump sum from the super system.
      • Act Quickly: Excess transfer balance tax is calculated on notional earnings that accrue daily until the excess is removed.
      • Voluntary vs. Compulsory: You can initiate a voluntary commutation directly with your super fund as soon as you are aware of the excess. If you do not, the ATO will issue an “excess transfer balance determination” and a “commutation authority” to your fund, requiring them to remove the excess.
      • Calculate Earnings: If you act before an ATO determination, you must calculate the earnings on the excess amount yourself and remove them as well.
      • Death Benefits: If the excess arises from a death benefit income stream, the excess must be withdrawn from the super system as a lump sum; it cannot be rolled back into an accumulation account. 

      Important Notes 2

      No Re-calculation: There is no recalculation of the TBC based on your Pensions growth in value and Pension payments do not reduce your cap, nor do investment losses.

      So what does reduce your TBC? Well here are the key events that reduce your TBC (create a TBC debit):

      • Commutations (Partial or Full): This is the most common method. When you transfer money out of a retirement phase income stream (pension) and move it back into an accumulation account, it creates a debit in your TBC.
      • Lump Sum Withdrawals: If you withdraw a lump sum directly from your retirement phase pension, this is considered a commutation and reduces your TBC.
      • Structured Settlement Contributions: If you make a contribution to your super fund due to a personal injury (structured settlement), and this is later rolled into a super income stream, it creates a debit.
      • Death Benefit Income Streams: If you are a beneficiary receiving a death benefit income stream, specific rules apply to how it is counted, and a debit can occur when this pension is fully or partially commuted.
      • Family Law Payment Splits: A reduction in your TBC may occur if your pension is divided due to a relationship breakdown.
      • Loss Due to Fraud or Bankruptcy: A debit can occur if your super interest is lost due to fraudulent activity or bankruptcy.
      • Pension Ceasing to Comply: If a super income stream stops meeting the required standards, a debit may occur. Not something you want to test!

      Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? then why now contact us at our Castle Hill or Windsor office in Northwest Sydney to arrange a one-on-one consultation, just click the Schedule Now button up on the left to find the appointment options.

      Please consider passing on this article to family or friends. Pay it forward!

      Liam Shorte B.Bus FSSA™ AFP

      Financial Planner & Fellow SMSF Specialist Advisor™

            

      Tel: 02 9899 3693, Mobile: 0413 936 299

      • PO Box 6002 NORWEST NSW 2153
      • Suite 40, 8 Victoria Ave, Castle Hill NSW 2154
      • Suite 4, 1 Dight St., Windsor NSW 2756

      Corporate Authorised Representative of Viridian Advisory Pty Ltd ABN 34 605 438 042, AFSL 476223

      This information has been prepared without taking into account your objectives, financial situation, or needs. Because of this, you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation, and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

      Age Pension & Deeming Changes September 2025


      Stay informed, seek advice and adjust strategies accordingly!

      From September 20, 2025, several changes will impact the Australian Age Pension. The four key changes are:

      1. an increase in deeming rates,
      2. a boost to the maximum Age Pension amount,
      3. a rise in the cut-off limits for part pensions, and
      4. an increase in the income limit for the Commonwealth Seniors Health Card.

      1. Deeming Rate Changes 📈

      The most significant change is the 50 basis point increase to the deeming rates used in the income means test. Deeming rates are a notional or “assumed” income rate applied to your financial assets. They’re a simple way for the government to calculate your income without needing to track your actual investment returns.

      • Why are they changing? Deeming rates have been frozen for the past five years as part of the COVID-19 response. This increase is an adjustment to reflect current market conditions more accurately, even though interest rates may be declining.
      • What are the new rates? From September 20, 2025, the low deeming rate will increase from 0.25% to 0.75%. The standard (or higher) deeming rate will increase from 2.25% to 2.75%.
      • How do the rates apply? The low rate applies to the first $64,200 of financial assets for a single pensioner and the first $106,300 for a pensioner couple. The higher rate applies to any amount over those thresholds.
      • What’s the effect? An increase in the deeming rate means more income is deemed to have been earned from your financial assets, which will generally lead to a reduction in your Age Pension entitlement. For every $1,000 of financial assets, your fortnightly pension could decrease by $2.50.

      2. Age Pension Increase 💰

      The maximum rate of the Age Pension will increase, providing a boost to all pensioners.

      • The maximum fortnightly pension for a single pensioner will increase by $29.70, bringing the new maximum to $1,178.70.
      • The maximum fortnightly pension for a couple will increase by $44.80, bringing the new combined couples maximum to $1,777.00 ($888.50 each)
      • These increases are automatic and apply from September 20, 2025.

      3. Part Pension Cut-off Limits Rise ⬆️

      The maximum amount of income you can earn before your part pension is cut off will also increase. This is a direct result of the rise in the maximum Age Pension amount.

      • The new fortnightly cut-off limit for a single pensioner will be $2,575.40, an increase of $59.40.
      • The new fortnightly cut-off limit for a couple will be $3,934.00, an increase of $89.60.

      TIP: If you were previously ineligible for an Age Pension due to the income means test but were close to the old cut-off limit, you should reconsider applying.


      4. Commonwealth Seniors Health Card (CSHC) Income Limit Increase ✅

      The income limits for the Commonwealth Seniors Health Card (CSHC) will also rise. The CSHC is a valuable card for self-funded retirees who are not on a Centrelink income support payment, providing access to cheaper medicines and other concessions.

      • The annual income limit for a single person will increase by $2,080 to $101,105.
      • The annual income limit for a couple (combined) will increase by $3,328 to $161,768.

      TIP: If your income was previously just above the old limit, you should consider applying for the CSHC. This card doesn’t have an assets test, making it a good option for those disqualified from the Age Pension by their assets.

      Warning before you jump into implementation of any strategy without checking your personal circumstances.

      Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one-on-one consultation, just click the Schedule Now button up on the left to find the appointment options.

      Please consider passing on this article to family or friends. Pay it forward!

      Liam Shorte B.Bus FSSA™ AFP

      Financial Planner & Fellow SMSF Specialist Advisor™

            

      Tel: 02 9899 3693, Mobile: 0413 936 299

      • PO Box 6002 NORWEST NSW 2153
      • Suite 40, 8 Victoria Ave, Castle Hill NSW 2154
      • Suite 4, 1 Dight St., Windsor NSW 2756

      Corporate Authorised Representative of Viridian Advisory Pty Ltd ABN 34 605 438 042, AFSL 476223

      This information has been prepared without taking into account your objectives, financial situation, or needs. Because of this, you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation, and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

      Could an Unsigned Will Be Valid? What about your BDBN in the SMSF?


      Costly litigation from incomplete documentation

      Key Lessons from Kemp v Findlay [2025] NSWCA 46

      When Andrew Findlay passed away, he left behind more than just an estate—he left a ticking time bomb of legal uncertainty. An updated will, detailing his clear wishes, was sitting on his computer. There was just one problem: he had never signed it.

      This oversight sparked a fierce court battle between his former partner and his cousin on behalf of his children, a battle that recently culminated in a significant ruling from the NSW Court of Appeal. The case of Kemp v Findlay serves as a powerful cautionary tale for anyone advising clients on estate planning. It highlights the very real dangers of informal documents and the costly, emotional litigation that can follow. While this case deals with a will, there are countless cases that involve incomplete Binding Death Benefit Nominations in an SMSF and the Succession Act 2006 (or equivalent in your state) may not help as SMSFs rely on the SIS Act and Trust Deed . Also a nomination from an SMSF to a member’s Legal Personal Representative may then lead to a estate challenge.

      So, what are the key takeaways? Let’s break it down.

      A Quick Case Summary

      • The 2015 Will: Mr. Findlay had a formal will leaving his estate to his then-partner, Elizabeth Kemp.
      • The 2019 Document: After separating from Ms. Kemp in 2019, he drafted a new will on his computer. This document left his estate to his three children and appointed his cousin, David Findlay, as executor. Crucially, it was never printed, signed, or witnessed.
      • The Dispute: Upon Mr. Findlay’s death in 2023, both Ms. Kemp (relying on the 2015 Will) and David Findlay (relying on the 2019 document) applied for probate.
      • The Outcome: The Court applied Section 8 of the Succession Act 2006 (NSW), which allows informal documents to be treated as a will if the Court is satisfied the deceased intended it to be their final will. The Court found the 2019 document did reflect Mr. Findlay’s clear intentions and admitted it to probate. Ms. Kemp was also ordered to pay 75% of the children’s legal costs.

      🔑 5 Key Lessons for Advisers and SMSF Trustees from Kemp v Findlay

      1. Never Rely on Section 8 as a Planning Tool

      The big takeaway is not that “unsigned wills are fine.” The takeaway is that Section 8 is a remedial, last-resort solution, not a substitute for proper execution. While the court can validate informal documents, the process is uncertain, expensive, and hinges on convincing a judge of the deceased’s intention. Advise clients that proper signing and witnessing is the only way to guarantee certainty and avoid a fight.

      SMSFs – While Section 8 does not apply to BDBNs directly, a BDBN can be subject to a family provision claim under the Succession Act 2006, where the court can, in certain circumstances, declare a death benefit as part of a notional estate to meet court-ordered provisions. The distribution of a superannuation death benefit is primarily determined by the rules of the superannuation fund and the Superannuation Industry (Supervision) Act 1993 (SIS Act). Section 59(1A) of the SISA, in conjunction with Regulation 6.17A of the SIS Regulations, sets out the strict technical requirements for a BDBN to be valid. 

      As many SMSF members direct their Superannuation to be dealt with via their Wills, this means there is more room for error as the Binding Death Nomination and/or the Will could be challenged.

      2. Document Everything & Communicate Clearly

      Mr. Findlay’s failure to clearly communicate his final intentions to his solicitor and family directly fuelled the dispute. Advise your clients to:

      • Formally instruct their solicitor immediately after a major life event (e.g., separation, marriage, birth of a child).
      • Clearly communicate their wishes to their intended executor and key beneficiaries to prevent surprise and doubt.
      • With a Binding Death Benefit Nomination (BDBN) the member should:
        • Firstly, decide if a BDBN is the preferred option or do you deliberately wish to leave the decision and flexibility to the remaining trustees of the fund?
        • For pension accounts you may opt to use Reversionary Pensions for more certainty.
        • Complete the Binding Death Benefit Nomination (Preferably a Non-Lapsing BDBN) and sign and have it witnessed.
        • Then submit the signed form to the trustees of the SMSF and have the trustees minute the receipt and acceptance of the BDBN.
        • Also ensure that the SMSF Accountant/Administrator is provided a copy and updates the SMSF software they use to display that nomination in the annual financials (in the Member Statements) so that it can trigger a reminder to review them.

      3. Include Regular Estate Plan Reviews

      This case is a textbook example of why wills and BDBNs must be updated. A separation is one of the most critical times to review an estate plan. Proactively schedule reviews in your annual planning review with clients, especially after major life events to ensure their documents reflect their current circumstances and relationships.

      For SMSFs: Review the current nominations and see if strategies like withdrawal and recontributions now mean that funds can be directly left to adult children or others because the taxable component has been reduced. You might leave a Mixed-Tax Components pension to the spouse but allocate Tax-Free Component pensions to others directly or via your estate.

      4. Warn Clients Against “DIY” Drafts (Read the Deed for SMSFs)

      The existence of an unsigned, unofficial document was the catalyst for years of litigation. Counsel your clients strongly against:

      • Creating draft wills or notes without immediate formalisation.
      • Storing important documents haphazardly. An unsigned draft can be misinterpreted as a final will, creating confusion and conflict.
      • For BDBN’s be careful with templates and if you are using one provided by your Trust Deed provider make sure it meets your needs or have your lawyer draft a more personalised one up for you.

      5. Highlight the Staggering Cost of Litigation

      The court’s costs order against Ms. Kemp underscores a harsh reality: estate litigation can quickly erode the value of the estate for everyone involved. Use this case to show clients the tangible financial risk of unclear planning. Comprehensive, professionally-executed estate planning and SMSF documents are an investment in protecting their legacy and their family’s future.

      The Bottom Line

      Kemp v Findlay is a stark reminder that the rules of formal execution exist for a reason: to provide clarity and prevent disputes. While the court’s flexible approach ensured Mr. Findlay’s intentions were ultimately honoured, it came at a significant financial and emotional cost to his family.

      For SMSFs:  The Trust Deed is often the crucial source outlining how formal execution of a BDBN is to be made. Take the time to read it carefully and don’t assume it complies with the SIS Act either.

      As advisers, our role is to steer clients away from this precarious path. By emphasising proper execution, clear communication, and regular reviews, we can help them ensure their wishes are carried out smoothly, preserving their assets and their family’s harmony.

      Have you reviewed your wills and BDBNs recently? This case is the perfect conversation starter for SMSF Trustees to encourage proactive estate planning with your partner or other SMSF member’s. Also a key issue for professionals to raise with their clients and possibly refer to an estate planning specialist.

      Stay informed, seek advice and adjust strategies accordingly!

      Warning before you jump into implementation of any strategy without checking your personal circumstances.

      Are you looking for an advisor that will keep you up to date and provide guidance and tips like in this blog? then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one-on-one consultation, just click the Schedule Now button up on the left to find the appointment options.

      Please consider passing on this article to family or friends. Pay it forward!

      Liam Shorte B.Bus FSSA™ AFP

      Financial Planner & Fellow SMSF Specialist Advisor™

            

      Tel: 02 9899 3693, Mobile: 0413 936 299

      • PO Box 6002 NORWEST NSW 2153
      • Suite 40, 8 Victoria Ave, Castle Hill NSW 2154
      • Suite 4, 1 Dight St., Windsor NSW 2756

      Corporate Authorised Representative of Viridian Advisory Pty Ltd ABN 34 605 438 042, AFSL 476223

      This information has been prepared without taking into account your objectives, financial situation, or needs. Because of this, you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation, and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.