The ATO has recently released essential information regarding investment restrictions for self-managed super funds (SMSFs). If you’re a trustee or considering SMSF investment strategies, now’s the time to ensure you understand the rules before making a move.
What You Can’t Do with Your SMSF
Generally speaking, your SMSF must not:
- • lend or provide financial assistance to members or related parties
- • acquire assets from members or related parties
- • use collectables and personal use assets in a way that provides a present-day benefit
- • allow trust distributions owing to the SMSF to remain unpaid
- • breach the in-house asset rules
- • borrow money.
Remember, nobody associated with your SMSF should benefit today from the fund’s assets. The whole purpose of your SMSF is to grow retirement wealth—not to bankroll day-to-day life.
If you don’t comply with the investment restrictions, we may take a range of actions, including:
- • imposing penalties
- • making the fund non-complying
- • disqualifying you as a trustee
- • prosecution of trustees.
Who Counts as a Related Party?
A related party of your SMSF includes:
- • all members of your fund
- • associates of fund members, which include
- o the relatives of each member
- o the business partners of each member
- o any spouse or child of those business partners
- o any company or trust the member or their associates control or influence
- • standard employer-sponsors (employers who contribute to your SMSF for the benefit of a member under an arrangement between the employer and a trustee of your fund)
- • associates of standard employer-sponsors, which include
- o business partners and companies or trusts the employer controls (either alone or with their other associates)
- o companies and trusts that control the employer
- o relatives of an employer sponsor.
A relative is any of the following:
- • a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the member or their spouse
- • a spouse of the member and any individual specified above.
Loans and Financial Assistance
Your SMSF can’t provide loans, or direct or indirect financial assistance, to a member or a member’s relative. For example, you can’t use your SMSF as guarantor for a loan for a member or a member’s relative.
Loans must:
- • be in the best interests of the members
- • comply with the SMSF’s investment strategy
- • be conducted on a commercial arm’s length basis.
If you run a business through your SMSF, you also can’t overpay a member or relative of a member for their services. If you employ a member or a relative of a member, their salary or wage must not be higher than the standard salary for that type of role.
Buying Assets From Related Parties? Tread Carefully
You can only buy assets from a related party if:
- • The asset is a listed security ((for example, shares, units or bonds listed on an approved stock exchange),
- • It qualifies as business real property, or
- • It’s specifically excluded from the in-house asset definition.
And even then, it must be acquired at market value.
You must also ensure the market value of your fund’s in-house assets doesn’t exceed 5% of the total market value of your fund’s assets.
Crypto assets and private company shares ? they are not listed securities and can’t be acquired from a related party.
If an asset is not acquired or sold at arm’s length, all or part of any income from the transaction may be non-arm’s length income and taxed at the highest marginal rate.
Final Words:
This is a high-stakes area. SMSF investment rules are designed to ensure your fund genuinely supports your retirement—not short-term benefits for you or your connections.
This summary is based on official information from the ATO website.
If you need tax guidance, reach out to W Wen & Co, Chartered Accountants. We’re here to help you stay compliant.
📞 Call us on (02) 9824 1265 to speak with one of our experienced team members.