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Business real property

Business real property is an exception to the in-house asset and related party acquisition rules.

Last updated 14 March 2022


Business real property generally means land and buildings used wholly and exclusively in a business.

If business real property is used in a primary production business such as a farm, it can still meet the test of being used wholly and exclusively in a business even if it contains a dwelling used for private or domestic purposes. The dwelling must be in an area of land no more than two hectares and the main use of the whole property can't be for domestic or private purposes.

You need to ensure the level of investment in business real property still meets the investment strategy of your fund, including diversification of assets, liquidity and maximisation of member returns in your fund.

As with other super fund assets, there can't be a loan or covenant (charge) over an asset (unless the asset was acquired under a limited recourse borrowing arrangement).

See self-managed superannuation funds ruling SMSFR 2009/1: business real property for more information.