Business Real Property in SMSFs — What Qualifies, What Doesn't, and How to Apply the Rules
Peter Johnson
Founder of Advisers Digest
A chartered accountant with extensive experience as both practitioner and practice owner. Peter is a highly respected tax and super educator, a CPA Australia instructor, and a Chartered Tax Adviser with deep expertise in super, tax, property, and small business CGT — helping accountants across Australia stay compliant and advise their clients with confidence.
CPA SMSF Specialist
Chartered Accountant
Chartered Secretary
Chartered Tax Adviser
Business real property is one of the most valuable — and most misunderstood — areas within SMSFs. Understand how the ATO applies the rules in practice — and avoid the common mistakes that lead to compliance breaches.
Business Real Property in SMSFs — What Qualifies, What Doesn't, and How to Apply the Rules
Business real property is one of the most valuable — and most misunderstood — areas within SMSFs. While it creates unique opportunities to transact with related parties, the rules under SMSFR 2009/1 are strict, highly technical, and often misapplied in practice. This webinar breaks down what the ATO is really looking for, using practical examples to help you identify what qualifies, what doesn’t, and where advisers and trustees commonly get caught out.
WHO IS THIS FOR
Practising Accountants Who Advise SMSF Clients With Property
This session is for you if any of the following apply to your practice or client base:
You have clients who own or are looking to acquire business real property inside their SMSF and need to know exactly what qualifies under SMSFR 2009/1
What You'll Walk Away With
A clear, practical understanding of how the ATO applies the business real property rules under SMSFR 2009/1 — what qualifies, what doesn't, and why the distinction matters for your clients. You'll work through real-world scenarios covering mixed-use properties, primary production land, vacant land, and related party leasing arrangements, so you can identify issues before they become compliance problems. Includes 15 minutes of live Q&A with Peter Johnson and a CPD certificate for the hour.
You've encountered mixed-use or borderline scenarios, such as properties with residential components, primary production land, or vacant land, and aren't confident how the ATO would treat them
You want to understand how the "wholly and exclusively" test actually works in practice, not just in theory
You advise trustees on related party leasing arrangements and need to know when these transactions are permissible and when they're not
You need to distinguish between a fund carrying on a business and simply holding a property as an investment, and understand why that distinction matters
You want to identify the common traps and ATO risk areas so your clients don't end up on the wrong side of a compliance review
WHAT WE'LL COVER
A Practical Breakdown of the Business Real Property Rules
45 minutes of structured content followed by 15 minutes of live Q&A with Peter Johnson.
What Qualifies as Business Real Property Under SMSFR 2009/1The specific criteria the ATO applies and the common misconceptions that catch advisers and trustees out.
01
The "Wholly and Exclusively" Test Explained SimplyHow to apply this test in practice and why getting it wrong can have serious consequences for the fund.
02
When Related Party Transactions Are Actually AllowedThe conditions that must be met for a fund to legitimately lease or acquire property from a related party.
03
Mixed-Use and Borderline ScenariosHow the ATO treats properties with residential components, primary production land, and vacant land — and where the lines are drawn.
04
Property Investment vs Carrying On a BusinessThe critical distinction that determines whether a property qualifies, and how to assess it for your clients.
05
Common Traps and ATO Risk AreasThe mistakes advisers and trustees most commonly make, and what the ATO is actively looking for in this space.
06
PRICING
Choose the Option That Suits You
All options include presentation slides and a CPD certificate*.
Get Access To Both
The Live Webinar AND Recording
$159
Tuesday, 22 September 2026 – 12:00 PM AEST
Live presentation with Peter Johnson AND Recording
Gain 1 hour of CPD
Presentation slides included
45 days recording access
Recording will be available on 23 September 2026 with an email notification
What Attendees Have EnjoyedAbout Our LIVE Events...
Frequently Asked Questions
Will this webinar be relevant to me as an accountant?
Definitely. If you advise clients with SMSFs that hold or are looking to acquire property, this session is built for you. You'll walk away with a clear understanding of what qualifies as business real property under SMSFR 2009/1, how to assess related party transactions, and how to identify the borderline scenarios and common traps that cause compliance issues in practice.
What if I can't make it live to the webinar?
If you purchased our Live Webinar option, you must attend live to receive the CPD.
Because this webinar is offered at a special price, you will need to purchase the recording separately if you miss the live session.
If you do not wish to purchase the recording then you will need to attend the webinar live to get your 1 hour of CPD.
Will I receive a certificate to document my CPD training?
Yes, we will issue a certificate providing 1 hour of CPD only if you attend LIVE. For those who attended live, you will receive a verified hour of CPD.
Alternatively, if you missed the live webinar and you purchased the recording you will be able to complete the quiz for verified CPD. If you do not complete the quiz then you will receive an unverified hour of CPD on your certificate.
Is this webinar simply for viewing or will I be able to interact and ask questions?
The session will be structured as 45 minutes of explanation followed by 15 minutes of Q&A. You can have any questions/queries addressed during this time.
Do you have money back guarantee?
Yes, if you attended the webinar and didn't find it useful, please email us info@advisersdigest.com.au on the same day before 5 pm on the day of the session. We will refund you within 3 working days. That means, no CPD certificate will be issued to you.
Processing a refund incurs additional fees. This is because, in the initial transaction, we incur a card-processing fee. When the refund occurs, this fee is not returned to us.
For example, for a $99 purchase, the processing fee would be $15.
Will there be a replay I can watch later?
Access to the webinar recording is only included for attendees who purchase the Live + Recording Access bundle.
If you purchased the Live Webinar option only, the recording is not included, so please ensure you attend the session live.
The recording is no longer available for separate purchase after the webinar.
Advise Your SMSF Clients on Property With Confidence
