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Revealed: The Hidden SMSF Rules That Could Cost You Tens of Thousands in Stamp Duty

  • Writer: SMSF
    SMSF
  • May 5, 2025
  • 2 min read

Revealed: The Hidden SMSF Rules That Could Cost You Tens of Thousands in Stamp Duty

Dreaming of using your super to buy an investment property? Many Australians are. But if you don’t know the correct SMSF setup process, you could unknowingly trigger double or even triple stamp duty.


Yes, really.


The Expensive Mistake? Getting the Timing Wrong


Here’s how it happens:

  • You find your dream investment property

  • You sign the contract before your SMSF and bare trust are fully established

  • The property ends up in your personal name — and transferring it to the SMSF triggers another stamp duty event

Depending on the state you’re in, that can mean tens of thousands of dollars lost.


Here’s How to Get It Right:

  1. Set up your SMSF and corporate trustee first

  2. Create a bare trust (also called a holding trust) before any contracts are signed

  3. Only then, have the bare trust sign the property contract


More Hidden Rules That Can Catch You:

  • No negative gearing: you can’t offset SMSF property losses against your personal income

  • No living in it: neither you nor your family can stay in the property, even for a night

  • Borrowing is different: SMSF loans must be Limited Recourse Borrowing Arrangements (LRBA), often with higher interest rates and lower loan-to-value ratios

  • Renovations? If you borrow to buy, you can’t borrow again to renovate. Any upgrades must be funded with cash from the SMSF


Final Word:

Using your SMSF to buy property can be a brilliant long-term strategy. But one wrong move can cost you thousands. Don’t risk it.


Book your free strategy call now and we’ll walk you through the setup process step-by-step — and make sure you don’t overpay a cent in stamp duty.


Cambridge Co Pty Ltd T/as Nestwell SMSF 

Indooroopilly, QLD, 4068

0494 356 044

No financial advice disclaimer
Nestwell SMSF (a brand of Cambridge Co Pty Ltd) provides assistance on the set up of Self Managed Super Funds (SMSF) and ongoing accounting and tax administration associated with operating an SMSF.

We do not provide financial advice as we are not licensed to provide financial product advice under the Corporations Act 2001 (Cth), except for the sole purpose of, and only to the extent reasonably necessary for, ensuring compliance with the superannuation legislation and advice on the process of creating, winding up or exiting an SMSF as per regulation 7.1.29(5) of the Corporations Regulations 2001.

You should consider taking advice from an AFS licensee before making a decision about a financial product. All information on this website is intended to be factual in nature and it is neither an opinion nor recommendation intended to influence you in making a decision in relation to a financial product, other than for compliance purposes.

ABN 38 666 964 585   Registered Tax Agent 26211375

Copyright © 2025 by Nestwell SMSF. All rights reserved.

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