Now your SMSF can borrow to buy Property

You can now borrow using your Self Managed Super Fund

Superannuation property investment is now available. Self Managed Super Funds (SMSF) often want to gear their real estate investments in order to diversify risk and increase the yield on their investment, but many funds do not have sufficient money to purchase real estate outright. The Superannuation Industry Supervision Act (SIS ACT) was amended in September 2007 to allow super funds to borrow and charge their assets so long as a special structure is used

You can now choose any kind of property including residential, commercial, retail, and holiday units for a property leveraged investment. Your SMSF can purchase real estate let for business purposes from a member or a related entity (i.e.: this does not breach the in house asset rule under the SIS Act). Investments in property other than business real property is permitted, provided the purchase is from an arms-length vendor.

How SMSF Purchases a Property

The SMSF chooses the property it wishes to invest in, in the ordinary way. Residential property must be purchased from an arm's length vendor. Non residential property can be purchased for full value from related parties so long as the property is let for business purposes. From there:

• The SMSF obtains a loan approval.
• The SMSF's own lawyer / conveyancer acts on the purchase in the ordinary way. The purchase MUST be in the name of the Property Trustee.
• The SMSF pays the deposit, the balance purchase money (less the amount borrowed), the legal costs, and stamp duty in the ordinary way.
• On completion of the purchase the Property Trustee mortgages the property to the lender.
• SMSF then manages the asset in the same way as you would with any other real estate investment.

How the SMSF Leveraged Property Investment is structured?

• The legal owner of the real estate will be the Property Trustee.
• The beneficial owner of the real estate will be the SMSF.
• The lender has no recourse to the other assets of the SMSF, providing the SMSF with absolute protection for its other assets.
• The loans are personally guaranteed by the member/s of the SMSF (subject to credit approval).
• SMSF's can deal with the property however and whenever they like, in the same way as investors can deal with "normal investment properties (e.g.: lease, renovate, repair, or sell), (subject to the terms of the relevant loan and mortgage).
• All rents are paid direct to the SMSF.
• Loan repayments are made in the ordinary way from the SMSF.
• The SMSF can pay out or reduce the mortgage at any time (subject to the terms of the relevant loan).
• When the mortgage is paid out in full, title to the property can be transferred to the SMSF or the Property Trustee can continue as registered proprietor.

If you would like to talk about your particular situation, and how to setup the super fund please Contact us for advice and setup of this special Super Fund and make an appointment to discuss your financial position.

Before you buy another asset, consider using your Super. We can help you with establishing the super fund, providing you with the loan and drafting the investment strategy.