Order, SMSF Property Holding Trust (Bare Trust), Kallan Lawyers

Bare trust details

Core terms of the bare trust.

Proposed bare trust name *often "[Property address] Property Trust" or "[SMSF name] Property Trust"

State of the bare trust *drives stamp duty and execution requirements

Settlor

Important — the settlor must NOT be related to the trust or the SMSF. The settlor cannot be the SMSF trustee, an SMSF member, the bare trustee, a director or shareholder of any trustee company, or a family member of any of those. A related-party settlor creates serious SIS and tax consequences.

Typical choices: the family accountant, the family lawyer, a friend of the family, or an unrelated colleague. They sign a one-page acknowledgment, hand over $10, and have no further role.

Settlor full name *

Settlement sum *

Settlor address *

Bare trust establishment date leave blank if to be set on signing, must precede contract

Trustee

The legal owner of the property. Must be a different entity from the SMSF trustee.

Important. Under SIS, the bare trustee must be a separate entity from the SMSF trustee. The bare trustee holds legal title, the SMSF trustee holds beneficial title.

Trustee type *

Corporate trustee (recommended) Individual trustee(s)

Strongly recommended to use a corporate trustee. In Victoria and NSW, individual trustees can create stamp duty issues and complications when the loan is repaid and title is transferred to the SMSF. A corporate trustee is the standard structure. Speak to us first if you want to proceed with an individual trustee.

Use an existing company, or set up a new one? *

Set up a new Pty Ltd company Use an existing company

Existing company check. The constitution must allow the company to act as bare trustee for an SMSF. We will review and advise on a constitution amendment if needed (additional fee, quoted before any work).

Company name *

ACN *

Registered office address *

New trustee company

Details for the new Pty Ltd company that will act as trustee. We will register the company with ASIC as part of the same order. Add $825 inc. GST to the fee for the company set-up.

Proposed company name *often "[Property] Custodian Pty Ltd"

State of registration *

Registered office address *

Directors of the trustee company

Typically the same individuals as the SMSF members or directors of the SMSF trustee company. Each director must have a Director ID.

Director ID required. All directors must apply for a Director ID before being appointed at abrs.gov.au.

Shareholders of the trustee company

Typically the same person or people as the directors, holding 1 ordinary share each. Per ASIC Form 201 we also need the share class, paid amount, and whether shares are fully paid and held beneficially.

Confirmation. I confirm that the bare trustee is a separate entity from the SMSF trustee, as required by SIS.

Loan and lender

The bare trust deed must align with the lender's loan and security documents.

Lender type *

Bank or financial institution Related-party loan To be confirmed

Lender name *

Loan officer or broker contact

Loan amount (AUD) if known

Loan-to-value ratio (LVR) if known

Acknowledgments

Before you submit, please confirm each of the following. All five ticks are required.

No advice given. I acknowledge and accept that Kallan Lawyers has not provided, is not providing, and will not be taken to have provided, any legal, taxation, accounting, financial, or commercial advice in connection with this order. This includes any advice as to the appropriateness, suitability, structure, tax consequences, or implications of the documents, the parties, or the transaction. I have not relied, and will not rely, on Kallan Lawyers for such advice. General-purpose documents. I understand and accept that the documents will be prepared as general-purpose documents based solely on the information entered in this form, without consideration of the client's specific circumstances, objectives, or needs. The documents are not customised to specific facts beyond what has been entered above, and Kallan Lawyers gives no warranty (express or implied) that the documents are fit for any particular purpose. Independent advice obtained. I confirm that the client has obtained, or has been clearly advised in writing to obtain, independent legal, tax, accounting and financial advice before signing or acting on any of these documents. I undertake to recommend that the client do so prior to execution, and I accept that this order proceeds on that basis. Authority and accuracy. I warrant that I am authorised to provide these instructions on behalf of all relevant parties, and that all information provided is true, complete, and accurate to the best of my knowledge. I acknowledge and accept that Kallan Lawyers will rely entirely on the information provided without independent verification, and that any error, omission, or misstatement is at the risk of the client. Limitation of liability. I agree that Kallan Lawyers' total aggregate liability arising from or in connection with this order, however caused, is limited to the fee paid for the document pack. To the maximum extent permitted by law, Kallan Lawyers excludes all liability for consequential, indirect, special, or third-party loss, including loss of profit, loss of opportunity, or tax consequences, arising from the use, structure, or implications of the documents.

0 of 5 confirmed

SMSF Property Holding Trust (Bare Trust).

Bare trust details

Settlor

Trustee

New trustee company

Directors of the trustee company

Shareholders of the trustee company

SMSF (sole beneficiary)

Property

Loan and lender

Special requests, anything outside standard scope?

Upload supporting documents

Your details

Acknowledgments

Review before submitting.

Order received.

What happens next