Tenants with SMSFs allowed to invest in DomaCom property fund

The Australian Taxation Office (ATO) has allowed self-managed superannuation funds (SMSFs) to continue to invest in DomaCom property sub-funds where related parities may happen to become a tenant.

In an announcement, DomaCom said the ATO would not apply compliance resources regarding the sole purpose test (SPT).

DomaCom chief executive, Arthur Naoumidis, said: “I am pleased to confirm that DomaCom has obtained ATO confirmation on how SMSF trustees in DomaCom can satisfy the Sole Purpose Test after the Full Federal Court of Australia judgement in Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2018] FCAFC 122

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“We thank the ATO for providing this practical clarification so that SMSFs can continue to invest in DomaCom property sub-funds where, subject to certain protocols being observed, related parties may happen to become the tenant of the underlying properties.”

DomaCom said the conditions agreed with the ATO included:

  • Amendment to the DomaCom Platform to allow trustees to make a SPT declaration when making an investment. The declaration ensures that SMSF trustees do not engage in behaviour that suggests they are maintaining their SMSF for the collateral purpose of providing accommodation to a related party tenant;
  • The platform will record this declaration and make it available to the ATO and SMSF auditors; and
  • Amendments to the product disclosure statement (PDS) and supplementary SPDS for the DomaCom fund covering the SPT Declaration.

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