All Topics / Help Needed! / SMSF Commercial Property leasing to custodian(s)

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  • Profile photo of PaulliePaullie
    Member
    @paullie
    Join Date: 2009
    Post Count: 217

    Hi guys

    My brother and I are looking at starting a new business and we currently have SMSF setup and have not invested as yet.

    I generally understand the arms length rulings for residential, and I do realise they are relaxed for commercial as well.

    What we want to do is buy a commercial property, then lease it to a company we are directors of, to run a business. Is it a requirement to have a property manager or can we do this ourselves, seems to make sense since to me.

    Are there any other things that could be an issue?

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    Gee, do you think that you could trust the tenant? ;)

    There’s no requirement to engage a PM, just ensure that you have a lease in place and provide tax invoices etc to the business.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Paullie wrote:
    Hi guys

    My brother and I are looking at starting a new business and we currently have SMSF setup and have not invested as yet.

    I generally understand the arms length rulings for residential, and I do realise they are relaxed for commercial as well.

    What we want to do is buy a commercial property, then lease it to a company we are directors of, to run a business. Is it a requirement to have a property manager or can we do this ourselves, seems to make sense since to me.

    Are there any other things that could be an issue?

    Still has to be at arms length. You must have contracts in place and everything you would do normally with a normal tenant. No need for an agent though.

    You probably should get a valuation of some sort to prove market rent.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of PaulliePaullie
    Member
    @paullie
    Join Date: 2009
    Post Count: 217

    Yep cool, thanks guys.

    Good idea about the valuation.

Viewing 4 posts - 1 through 4 (of 4 total)

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