It’s a valuable opportunity—but the rules are strict, and the details matter.

The short answer: yes, if the criteria are met, and in NSW, concessional duty of $750 may apply.

If your property qualifies as ‘business real property’, you may be able to transfer it into your SMSF and access concessional duty under Section 62A of the Duties Act 1997 (NSW). It’s a valuable opportunity—but the rules are strict, and the details matter.

A few key points to keep in mind:
• If multiple members own the property, it must be transferred into the SMSF in the same ownership proportions.
• If ownership proportions differ—or there are additional members—the SMSF Trust Deed may need updating (by adding a segregation clause).
• The concession is not automatic—Revenue NSW will assess eligibility carefully, and full duty may apply if requirements aren’t met.

At Penmans, we regularly assist clients with these transfers and offer a fixed fee package for this service.

These strategies can be highly effective when structured correctly, but getting the setup right from the start is critical.

If you’re considering a transfer, it’s worth having a quick conversation early on to ensure everything is aligned.

Next steps? You can learn more in our fact sheet, or get in touch with our property team here.