Can a SuperFund with both members above 60 and want to retire and wound up the SuperFund do this with a investment property in USA which they do not want to sell , but want to withdraw as lumpsum amount from SMSF as per market value of property so they can transfer it in thier personal name and keep it.
Are the trustees allowed to do so and treat it as lumpsum withdrawl from super so they can wind up thier Super.
Both are not working and retired and above 60 yers.
Kindly provide your opinion on it.
Thanks,
The transfer of the property as In-specie must be allowed under the fund trust deed otherwise they cannot do it - but they can get a new trust deed done that allows it and then do it.
Hi Dharam
Yes a pension payment needs to be paid in cash but yes a lump sum payment can be cash or an in-specie transfer of an asset.
Yes if they are aged 60 or older and have permanently retired they can access their superannuation either as a pension or as a lump sum payment. On that basis the USA property can be paid in-specie to the member / members and treated as a lump sum payment. The property would be transferred at its current market value.
If the property is transferred in specie it is a disposal of an asset so you would have to consider any capital gains tax considerations. If the Fund was in pension mode you could consider doing a partial commutation re the property.
Thanks
SMSF AAA