Convert a unit trust to a 13.22C trust

Price: $POA

This service requires legal advice and tailoring.  Quoted fees for client acceptance will vary based on the complexity of the advice and/or documentation required.

Regulation 13.22C of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (SISR) provides a way for an SMSF to purchase a property with a related party as co-owners without breaching the in-house asset rule. This allows a super fund to increase its ownership of a property (with or without a loan) in a way that a super fund cannot ordinarily do with a simple unit trust.

There are strict criteria that must be met to ensure that the Trust does not breach the in-house asset rule. Whether it’s been brought about by choice or circumstance, our lawyers can draft documents that ensure that the trust changes from a unit trust to a 13.22C trust. Our lawyers can review existing trust documentation, including relevant trust deeds, to ensure that the change of trust is validly executed.

What's included:

  • cover letter explaining the documents and service provided
  • deed(s) to effect the change of trust type
  • resolutions of trustee(s) and member(s)
  • consent(s) of relevant third parties such as appointors, employers, settlors etc

For more information, please fill out our no obligation enquiry tab above and we will be pleased to contact you shortly, or call 02 8296 6266 for immediate assistance.