Aussiegolfa Pty Ltd (Trustee) v CofT – SMSF invested in single property ‘sub-fund’ – leasing property to daughter of SMSF member did not breach the ‘sole purpose test’ but units in the sub-fund were ‘in-house assets’

The Full Federal Court has ruled that a Self Managed Superannuation Fund’s (SMSF‘s) investment in a property trust, which was set up so as to perform, in line with a nominated single property: did not breach the sole purpose test under s 62 of the SIS Act (despite the property being leased to the daughter of the…

The sole purpose test substantially clarified by the Full Federal Court in Aussiegolfa Pty Ltd v Commissioner of Taxation 

An article By Daniel Butler (dbutler@dbalawyers.com.au), Director, and William Fettes (wfettes@dbalawyers.com.au) Senior Associate, DBA Lawyers 15 August 2018 [See also related Tax Technical Article on this case.]  A recent unanimous decision of the Full Federal Court represents a major win for SMSFs and taxpayers on the topic of the sole purpose test. This decision overturns the…