Investing in Property - SMSF superfund
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Investing in Property

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SMSF property rules

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

The property:

  • Must meet the ‘sole purpose test’ of solely providing retirement benefits to fund members
  • Must not be acquired from a related party of a member
  • Must not be lived in by a fund member or any fund members’ related parties
  • Must not be rented by a fund member or any fund members’ related parties.

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However, your SMSF could potentially purchase your business premises (commercial property), allowing you to pay rent directly to your SMSF at the market rate.

Using a self managed super fund (SMSF) to buy property is becoming increasingly popular, perhaps encouraged by Australia’s perception of the safety in a bricks and mortar investment. However, the decision to acquire property through your SMSF is one that requires careful consideration.

 

In the past buying direct property inside of super has been out of reach for most Australians due mainly to the costs associated and high entry level prices. However, a SMSF can now borrow to purchase property via a Limited Recourse Borrowing Arrangement (LRBA).

 

A LRBA allows a SMSF to use borrowed monies to purchase a single asset (such as a residential or a commercial property), or a collection of identical assets that have the same market value (such as listed shares). The SMSF trustees receive the beneficial interest in the purchased asset but the legal ownership of the asset is held on trust until the loan has been repaid in full. The upside is that with a LRBA your whole super fund is not at risk if the loan is defaulted. There are also restrictions on the way a debtor can recover their funds.

 

There are significant advantages to buying a property in a SMSF including the fact that the fund will pay a maximum 15 per cent tax on the rental income from the property, which is considerably lower than most people’s personal tax rates. On properties held for longer than 12 months, the SMSF will be taxed at a discounted capital gains rate if the property is sold during the accumulation phase, and if the property is sold when the SMSF is in pension phase, the capital gain will be tax free.

Get Started Crossword

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Investing in property has proved to be a very popular wealth creation strategy for many Australians. However, as with all investments there are also downsides that need to be considered before investing in property such as high acquisition and disposal costs, liquidity, ongoing up-keep and maintenance.

Question Mark Thinker

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If you are interested in investing in property please click on the “get started” button above and one of our specialist SMSF consultants will contact you to help determine if property investment is an appropriate strategy given your personal circumstances.