Make compliant SMSF investments

We will help your superannuation fund invest in the way you want while staying within the rules.

SMSFs have broad investment flexibility that retail and industry super funds cannot match. But that flexibility is bounded by rules that the ATO enforces strictly. The sole purpose test, the in-house asset rules, the arm’s length rules, and the related party prohibitions collectively determine what your fund can and cannot invest in, and how each investment must be structured and documented. Getting advice on a specific proposed investment before you commit is far cheaper than unwinding a non-compliant one after the fact.

What investment rules apply to superannuation funds?

All superannuation funds must invest in accordance with their investment strategy and comply with the superannuation law, including the sole purpose test (investments must be made for the purpose of providing retirement benefits to members), the in-house asset rules (related party assets cannot exceed 5% of the fund’s value), and the arm’s length rules (all investments must be made and maintained on commercial terms). For SMSFs, trustees have broad investment flexibility but must ensure each decision is documented and consistent with the fund’s strategy.

What is the sole purpose test and how does it affect my SMSF's investments?

The sole purpose test requires that your SMSF be maintained for the core purpose of providing retirement benefits to members. An investment that provides a current day benefit to a fund member or their associates, such as a related party renting SMSF property at below-market rates, may breach the sole purpose test. We advise on whether a proposed investment satisfies the test.

Can my SMSF invest in a property owned by a related party?

SMSFs are subject to strict rules on related party transactions. Generally, an SMSF cannot acquire assets from related parties, with limited exceptions including business real property, listed securities, and managed funds. We assess whether a proposed related party transaction is permitted and advise on the conditions that apply.

What are in-house assets and why do they matter?

In-house assets are loans to, investments in, or leases to related parties of the fund. The total value of in-house assets cannot exceed 5% of the fund’s total assets. If the limit is breached, the trustee must reduce the in-house asset exposure, which may require selling investments. We advise on whether a proposed investment would create an in-house asset issue.

Does my SMSF need a written investment strategy?

Yes. All SMSFs must have a written investment strategy that considers risk, return, liquidity, diversification, and the ability to pay benefits. The strategy must be regularly reviewed and updated to reflect the fund’s current circumstances. Investing without a current, documented strategy is a compliance breach. We review and prepare investment strategies as part of our SMSF advice services.

Your proposed investment is assessed against the superannuation rules before you commit.

Your fund's investments are structured and documented to protect its compliance position.

You have confidence that your SMSF investment decisions will not put your fund's tax status at risk.

Not sure if your SMSF investment is compliant?

Before your fund commits to a significant investment, it is worth getting a clear legal view on compliance. Let us assess your situation.

A non-compliant investment can cost your fund far more than it gains.

You have a specific investment in mind for your SMSF such as a property, a loan to a related party, shares in a private company, or something else that sits outside the standard investment universe. You need to know whether it is permitted, whether it can be structured in a way that complies with the rules, and what documentation you need to put in place.

We will assess whether the proposed investment complies with the superannuation rules.
We will advise on the sole purpose test, in-house asset rules, and related party restrictions.
We will advise on how the investment should be structured to achieve compliance.
We will prepare trustee resolutions and investment documentation.
We will review and update the fund's investment strategy as required.

Investing through your super fund with confidence.

Your SMSF has capital to invest and you have identified an opportunity that is not available through ordinary investment menus. Perhaps your business needs capital and you want to understand whether the fund can lend to it. Perhaps there is a property you want the fund to acquire from a related party. Perhaps you have been approached about investing in a private company with other related parties. Each of these scenarios sits in territory where the superannuation rules are specific, and where a mistake can be both financially costly and personally embarrassing for you as trustee.

What's included in your superannuation investment advice service

Review of proposed investment against superannuation compliance rules.
Sole purpose test assessment.
In-house asset analysis.
Related party transaction advice.
Investment strategy review and update.
Transaction documentation and trustee resolutions.

What happens when an SMSF investment does not comply?

SMSF compliance breaches do not always announce themselves. An investment that seemed straightforward at the time can turn out to have created an undisclosed in-house asset, breached the sole purpose test, or involved a related party transaction that was not permitted. The ATO’s SMSF audit programme targets exactly these investments — particularly related party transactions, loans to related entities, and property arrangements that give current-day benefit to members. The consequences range from penalties and administrative directions through to fund disqualification, which means the fund’s entire asset base is assessed at the top marginal tax rate. A trustee who acts in good faith but without proper advice has no special defence.

Here is how we keep your fund's investments compliant.

We assess your proposed investment against every applicable rule as they apply to your specific facts, and before you commit. We advise on whether the investment can be made compliantly and, if so, how it must be structured and documented to withstand scrutiny. We prepare the trustee resolutions and investment documentation, and update the fund’s investment strategy to reflect the new investment. Where an existing investment may be at risk, we identify the problem and advise on the most efficient path to rectification.

Our superannuation investment advice process

Three steps to compliant SMSF investments.

Assess the investment

We review the proposed investment against the sole purpose test, in-house asset rules, related party rules, and investment strategy to identify any compliance issues.

Advise and structure

We advise on whether the investment can be made compliantly and, if so, how it should be structured and documented to protect the fund's compliance position.

Document and implement

We prepare the documentation required to evidence the investment decision, including trustee resolutions and any required updates to the fund's investment strategy.

Experienced SMSF lawyers ready to guide you.

We understand that SMSF trustees are often sophisticated investors who know exactly what they want to do but need to know how to do it within the rules. We do not give generic compliance warnings. We engage with the specific transaction, apply the law to the specific facts, and give you a clear, actionable answer. Our lawyers have advised on a wide range of SMSF investments, including complex related party arrangements, private company investments, and property acquisitions, and we understand both the legal requirements and the commercial context.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to invest through your super fund with confidence?

Book a call today and we will assess your proposed investment, advise on compliance, and structure the transaction correctly.

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