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Apr 13, 2022

Part 8 Associates

in SMSF Technical Forum

Hi, I have a situations as follows:

SMSF I am looking at has invested in to a Partnership for tax law where it holds 25%, there is another 25% individual holder and a 50% SMSF holder. Partnership only holds a property.
My SMSF and the 50% holder have corporate trustees to clarify this.
Are my SMSF and 50% holders members/super funds related parties under Part 8 then?
I have legal advice stating they are not but interested if anyone else has a view here. Advice noting as Part 8 deals with individuals or companies they control neither of the entities control their SMSF so a nexus cannot be drawn. And in essence the super funds are in partnership with each other not the members with one another.
They have then invested into an unlisted unit trust together is the concern.

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