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ALL ABOUT MAXIMISING YOUR SUPERFUND

Property Rules in Self-Managed Super Fund

You can only buy a property through your SMSF if you comply with the rules.

 

The property must:

  • Meet the 'sole purpose test' of solely providing retirement benefits to fund members

  • Not be acquired from a related party of a member

  • Not be lived in by a fund member or any fund members' related parties

  • Not be rented by a fund member or any fund members' related parties

 

If your SMSF purchases a commercial premise, it can be leased to a fund member for their business. However, it must be leased at the market rate and follow specific rules. 

 

See the Australian Taxation Office website for more on SMSF rules.

What an SMSF property can cost you

SMSF property sales may have many fees and charges. These fees can add up and will reduce your super balance.

 

Find out all the costs before signing up.

 

Costs include:

  • Upfront fees

  • Legal fees

  • Advice fees

  • Stamp duty

  • Ongoing property management fees

  • Bank fees

 

Be wary of fees charged by groups of advisers who recommended each other's services. It is important to get independent advice. Anyone who gives advice on an SMSF must have an Australian financial services (AFS) licence. ASIC Connect's Professional Registers will tell you if the company or person holds an AFS licence.

 

SMSF borrowing

Borrowing or gearing your super into property involved very strict borrowing conditions. It's called a 'limited recourse borrowing arrangement'. You can only purchase a single asset with a limited recourse borrowing arrangement.

 

For example, a residential or commercial property.

You should assess whether the investment is consistent with the investment strategy and risk profile of the fund.

 

If you have a cashed-up SMSF looking for a better return than the funds languishing in a slow return bank account and you have Cash to complete a purchase you can sidestep a lot of the paperwork and costs!

 

Geared SMSF property risks include:

  • Higher costs – SMSF property loans tend to be more costly than other property loans.

  • Cash flow – Loan repayments must come from your SMSF. Your fund must always have sufficient liquidity or cash flow to meet the loan repayments.

  • Hard to cancel – If your SMSF property loan documents and contract aren't set up correctly, you can't unwind the arrangement. You may have to sell the property, potentially causing substantial losses to the SMSF.

  • Possible tax losses – You can't offset tax losses from the property against your taxable income outside the fund.

  • No alterations to the property – You can't make alterations that change the character of the property until you pay off the SMSF property loan.

 

Talk to us for more information on the risks of gearing.

Things to note:

 

  • Don't be pressured into making property purchase decisions for an SMSF.

  • Watch out for sales tactics like competitions, free flights to sales meetings or being taken out for free meals.

  • Think twice about investing in property markets you are not familiar with.

  • Do your own research first.

  • Make sure you get financial advice from someone who has an AFS licence.

  • See questions to ask a financial adviser for talking points you can use to check for sales incentives.

Visit A Guide To Buying Property Through An SMSF to learn more.

ALTERNATIVELY YOU CAN FILL

IN THE FOLLOWING CONTACT FORM:

TO CONTACT PLEASE CALL OR EMAIL US:

M 0418 792 215    

A  P.O. Box 1433 Mooloolaba Qld 4557

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Disclaimer:

The information in this website and the links provided are for general information only and should not be taken as constituting professional advice from the website owner - 

FIRE is not a financial adviser. You should consider seeking independent legal, financial, taxation or other advice to check how the website information relates to your unique circumstances.

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