Transfers between trustees and custodians of superannuation funds or trusts

After the mortgage has been paid off, the property title in the name of the bare trust trustee can be changed to the SMSF trustee name(s).

The following documents are required by Revenue NSW:

1. Original executed transfer or agreement
2. Statutory declaration by the transferee stating the details of the transaction and confirming the transfer is where there is no change in the beneficial ownership of the property
3. Certificate of compliance or a search from ATO’s Superfund look-up confirming the superannuation fund as a complying fund
4. if not complying, a statutory declaration by the trustee for a fund or trust that, in the opinion of the trustees, will be a complying superannuation fund or a pooled superannuation trust within 12 months after the transfer takes effect
5. Copy of the stamped executed instrument evidencing the custodial arrangement
6. For a transfer of, or an agreement to transfer, dutiable property from a custodian of a trustee to a trustee of the fund or trust, information that shows that the mortgage has been discharged (such as copy of the completed Discharge of Mortgage – 05DM Form)
7. Purchaser Declaration Form.