SMSF Eligibility and Considerations for Buying Property

A self-managed super fund (SMSF) is a powerful wealth building tool and a good way to secure your financial future. One of the biggest benefits of an SMSF is the ability to invest in a wider range of assets including property.

But before you start investing in property through your SMSF, you need to understand the eligibility and considerations.

SMSF Property Ownership Options

Residential Property

Your SMSF can buy residential property but there are strict rules to follow
The property cannot be purchased from a member or a related party of a fund member
Fund members or related parties cannot live or rent in the property.

Commercial Property

SMSFs can invest in commercial property which has some additional benefits:

The property can be purchased from a member or related party at market value
The property can be leased to a fund member or related party at market rates
Business owners can use their SMSF to buy their business premises and lease it back to their company

How to Buy Commercial Real Estate Through Your SMSF

If it interests you, there are actually several ways to buy commercial property through your SMSF:

Cash Purchase

If your SMSF has the funds you can buy the property outright. This is the easiest option but requires a lot of capital.

In-Specie Transfer

If you already own a commercial property, you can transfer it to your SMSF as a contribution. This requires planning to avoid breaching contribution caps and potential capital gains tax implications.

Related Unit Trust

Your SMSF can invest in a unit trust that holds the commercial property. The SMSF and other related parties can buy units in the trust and have joint ownership.

How to Set up an SMSF for Property Investment

Setting up an SMSF property investment involves the following steps:

Set up the SMSF by choosing a trustee structure, registering with the ATO and setting up a bank account.
Create an investment strategy that outlines your goals, asset allocation and risk management plan.
Get finance if needed. SMSF property loans are limited recourse meaning the lender can only claim the property itself in case of default.
Buy the property in the name of the SMSF and ensure it’s used for investment purposes only.
Manage the property, find tenants, collect rent and keep accurate records.

Benefits and Considerations of Buying Property in an SMSF

Buying property through an SMSF comes with a few key points you’ll need to keep in mind:
Rental income is taxed at 15% in accumulation phase and tax free in pension phase.
Capital gains on properties held for more than 12 months are taxed at 10%.
Diversification and potentially higher returns than traditional investments.

But also:

Buying property through an SMSF can be expensive with acquisition costs, ongoing management fees and the illiquidity of real estate.
Over exposure to a single asset class like property can lead to concentration risk and lack of diversification.
SMSFs are subject to strict rules and non compliance can result in penalties.

How much can an SMSF borrow to buy property?

The amount your SMSF can borrow to buy a property depends on:

The expected rental income from the property
Your SMSF’s annual contributions and salary sacrifice amounts

The loan’s interest rate

SMSF property loans are limited recourse meaning the lender can only claim the property itself in case of default. Lenders have minimum and maximum loan amounts, $100,000 to $2,000,000.

In a nutshell, buying property through an SMSF can be a powerful wealth building strategy but requires planning and consideration.

FAQs

1. Can I live in a property owned by my SMSF?

No, you can’t live in a property owned by your SMSF. The sole purpose of an SMSF is to provide retirement benefits to its members. If a member or a related party of the fund uses the property for personal use it would breach the sole purpose test and could result in penalties from the ATO.

2. Can my SMSF buy a property from me or a related party?

Your SMSF can only buy a property from you or a related party if it’s a commercial property, not a residential one. The transaction must be at arm’s length meaning the purchase price must reflect the market value and the lease terms must be commercial. Residential properties can’t be bought from related parties.

3. How do I set up an SMSF to buy property?

To set up an SMSF to buy property:

Choose a trustee structure (individual or corporate) and create the trust deed.
Register the SMSF with the ATO and get an ABN and TFN.
Open a bank account for the SMSF.
Develop an investment strategy that includes property and meets the sole purpose test.
Transfer funds or assets into the SMSF.
If required, get an SMSF property loan (limited recourse borrowing arrangement) to fund the property purchase.
Complete the property purchase in the name of the SMSF trust.

Always get professional advice from an SMSF expert to ensure you comply with all the legal and regulatory requirements.

4. What are the benefits of buying property through an SMSF?

Some of the benefits include:

Tax advantages: Rental income is taxed at 15% in the accumulation phase and tax free in pension phase. Capital gains on properties held for more than 12 months are taxed at 10%.

Asset protection: Assets in an SMSF are generally protected from creditors in the event of bankruptcy (subject to certain conditions).

Long term investment: Property can be a long term investment for an SMSF as it aligns with the fund’s purpose of providing retirement benefits.

Diversification: Property can diversify an SMSF’s investment portfolio and reduce overall risk.

5. How much can my SMSF borrow to buy a property?

The amount your SMSF can borrow is dependent on:

The property’s rental income
Your SMSF’s contributions and cash flow
The loan’s interest rate and terms
The SMSF’s ability to service the loan

Lenders offer SMSF property loans (limited recourse borrowing arrangements) with a maximum loan-to-value ratio (LVR) of 70-80%.

This means your SMSF will need a deposit of at least 20-30% of the property value, plus additional funds to cover stamp duty, legal fees and other costs. We recommend getting professional advice to determine your SMSF’s borrowing capacity and to ensure the investment is viable and compliant.

SMSF Eligibility and Considerations for Buying Property

A self-managed super fund (SMSF) is a powerful wealth building tool and a good way to secure your financial future. One of the biggest benefits of an SMSF is the ability to invest in a wider range of assets including property.

But before you start investing in property through your SMSF, you need to understand the eligibility and considerations.

SMSF Property Ownership Options

Residential Property

Your SMSF can buy residential property but there are strict rules to follow

The property cannot be purchased from a member or a related party of a fund member

Fund members or related parties cannot live or rent in the property.

Commercial Property

SMSFs can invest in commercial property which has some additional benefits:

The property can be purchased from a member or related party at market value

The property can be leased to a fund member or related party at market rates

Business owners can use their SMSF to buy their business premises and lease it back to their company

How to Buy Commercial Real Estate Through Your SMSF

If it interests you, there are actually several ways to buy commercial property through your SMSF:

Cash Purchase

If your SMSF has the funds you can buy the property outright. This is the easiest option but requires a lot of capital.

In-Specie Transfer

If you already own a commercial property, you can transfer it to your SMSF as a contribution. This requires planning to avoid breaching contribution caps and potential capital gains tax implications.

Related Unit Trust

Your SMSF can invest in a unit trust that holds the commercial property. The SMSF and other related parties can buy units in the trust and have joint ownership.

How to Set up an SMSF for Property Investment

Setting up an SMSF property investment involves the following steps:

Set up the SMSF by choosing a trustee structure, registering with the ATO and setting up a bank account.

Create an investment strategy that outlines your goals, asset allocation and risk management plan.

Get finance if needed. SMSF property loans are limited recourse meaning the lender can only claim the property itself in case of default.

Buy the property in the name of the SMSF and ensure it’s used for investment purposes only.

Manage the property, find tenants, collect rent and keep accurate records.

Benefits and Considerations of Buying Property in an SMSF

Buying property through an SMSF comes with a few key points you’ll need to keep in mind:

Rental income is taxed at 15% in accumulation phase and tax free in pension phase.

Capital gains on properties held for more than 12 months are taxed at 10%.

Diversification and potentially higher returns than traditional investments.

But also:

Buying property through an SMSF can be expensive with acquisition costs, ongoing management fees and the illiquidity of real estate.

Over exposure to a single asset class like property can lead to concentration risk and lack of diversification.

SMSFs are subject to strict rules and non compliance can result in penalties.

How much can an SMSF borrow to buy property?

The amount your SMSF can borrow to buy a property depends on:

The expected rental income from the property

Your SMSF’s annual contributions and salary sacrifice amounts

The loan’s interest rate

SMSF property loans are limited recourse meaning the lender can only claim the property itself in case of default. Lenders have minimum and maximum loan amounts, $100,000 to $2,000,000.

In a nutshell, buying property through an SMSF can be a powerful wealth building strategy but requires planning and consideration.

FAQs

1. Can I live in a property owned by my SMSF?

No, you can’t live in a property owned by your SMSF. The sole purpose of an SMSF is to provide retirement benefits to its members. If a member or a related party of the fund uses the property for personal use it would breach the sole purpose test and could result in penalties from the ATO.

2. Can my SMSF buy a property from me or a related party?

3. How do I set up an SMSF to buy property?

To set up an SMSF to buy property:

Choose a trustee structure (individual or corporate) and create the trust deed.

Register the SMSF with the ATO and get an ABN and TFN.

Open a bank account for the SMSF.

Develop an investment strategy that includes property and meets the sole purpose test.

Transfer funds or assets into the SMSF.

If required, get an SMSF property loan (limited recourse borrowing arrangement) to fund the property purchase.

Complete the property purchase in the name of the SMSF trust.

Always get professional advice from an SMSF expert to ensure you comply with all the legal and regulatory requirements.

4. What are the benefits of buying property through an SMSF?

Some of the benefits include:

Tax advantages: Rental income is taxed at 15% in the accumulation phase and tax free in pension phase. Capital gains on properties held for more than 12 months are taxed at 10%.

Asset protection: Assets in an SMSF are generally protected from creditors in the event of bankruptcy (subject to certain conditions).

Long term investment: Property can be a long term investment for an SMSF as it aligns with the fund’s purpose of providing retirement benefits.

Diversification: Property can diversify an SMSF’s investment portfolio and reduce overall risk.

5. How much can my SMSF borrow to buy a property?

The amount your SMSF can borrow is dependent on:

The property’s rental income

Your SMSF’s contributions and cash flow

The loan’s interest rate and terms

The SMSF’s ability to service the loan

Lenders offer SMSF property loans (limited recourse borrowing arrangements) with a maximum loan-to-value ratio (LVR) of 70-80%.

This means your SMSF will need a deposit of at least 20-30% of the property value, plus additional funds to cover stamp duty, legal fees and other costs. We recommend getting professional advice to determine your SMSF’s borrowing capacity and to ensure the investment is viable and compliant.

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