I have an Audit for the year 2021. The trustees are four individuals.They purchased a property in VIC. No loan.
The title shows the name of four individuals ( Not showing'as trustee for..')
How can I make suer that the property held as trustee of SMSF?
I would obtain an acknowlegement of Trust from a law web site to ensure that the legal ownership is clear. This will also protect the asset from any of the members having creditor problems.
As stated the issue differs from state to state. In WA I always refer to the offer & acceptance (contract) which should list the SMSF
Hi Noble
From an audit perspective normally, the auditor just requests a declaration or statement that the trustees are holding the property in trust for the Fund.
As property rules are state based you do need to consider the rules relating to each state.
In Victoria the SMSF is not listed as the owner on the title for property. The State Revenue Office should have been informed by the lawyer / conveyancer at purchase that the property has been purchased by a trustee or trustees on behalf of the SMSF.
You should request a recent State Revenue Office land tax assessment notice and make sure that the notice refers to: "This notice is issued to you in your capacity as trustee for:" eg. XYZ Super Fund.
Thanks
SMSF AAA