The Bare Trust Deed is a key component within the legal structure and extreme care is required to ensure there are no adverse GST, taxation or stamp duty consequences.

The SIS Act requires where an asset is acquired with the proceeds from a loan, the asset "is held on trust” with the Super Fund being the beneficial owner to the asset at all times. Once the loan is repaid in full the asset can then be transferred to the Super Fund.

It is estimated that 55 to 60% of legal structures fail to satisfy the lender’s requirements. This quite often leads to delayed settlements and penalty interest being applied, which is as a result of the deed rules not containing specific wording/clauses that is unique to each and every lender.

You will have comfort in knowing that the Premium Property Trust Service documentation package has adopted significant changes over the years to not only ensure SIS Act and regulatory compliance, but to also accommodate the individual requirements of the lenders.

We guarantee that the deeds will pass legal vetting by any lender, however in the rare instance that a particular lender’s requirements change without notice, we will make the necessary amendments speedily, and free of charge.

Contact SMSF lending specialist Vic Bulfone on 0449 054 793 with any enquiries and email completed form to vic@fnfc.net.au Download Form