Can a Super Fund invest jointly with a member in Real Property?

Yes, so long as the property was not previously owned by the member or a related party of the member (exception is “business” real property”) and so long as the property is not leased back to a member or related party (once again, exception is business real property).

Note that the ownership should be “tenants in common”, not “joint tenants”. In the case of joint tenants, if one holder dies, the survivor automatically inherits the property, which is obviously not appropriate for a super fund.


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