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Stephen Ryan

Jul 25, 2023

Edited: Apr 05, 2024

Unlisted Unit trusts - In -house assets

in SMSF Technical Forum

SMSF has invested with other companies and Trusts that share similar Directors and Trustees in a Unit Trust.

The underlying investment is a commercial property not occupied by a related party.

Looking to confirm that the this type of investment falls within the related party and in-house asset rules and needs to comply with the 5% limit?

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Michael Mackenroth

Jul 27, 2023

It is my understanding that the issue relates to who controls the unit trust, not who has invested in it. So if the members of the fund were the only directors of the trustee of the unit trust, then you could well have related party/in-house asset problems.