BUY YOUR PROPERTY WITH
SELF-MANAGED SUPER FUND (SMSF)
Property Purchase with SMSF
Our team of experts provides custom-tailored support to establish and administer your SMSF effectively, ensuring full regulatory compliance and maximising your investment opportunities.
With an SMSF, you can buy property outright or through a mortgage using a limited recourse borrowing arrangement (LRBA).
Need help with SMSF management & property investment?
Get in touch with us.
How It Works
Send Your Form or Call Us
Send your details directly to us securely and without intermediaries.
Initial Contact from Our Team
We'll reach out soon. If you call us directly, we'll assist you immediately.
Consultation Session
Meet your advisor to review your finances and start a tailored strategy.
Financial Strategy
We'll work closely with you to create a personalised plan, making sure it's a collaborative process.
SMSF Property Investment
We understand that every individual and family has unique retirement goals and financial aspirations. That’s why our SMSF specialists dedicate themselves to crafting personalised SMSF property investment strategies.
Did you know you can use an SMSF to buy a property?
With an SMSF, you can buy property outright or through a mortgage using a limited recourse borrowing arrangement (LRBA).
This gives you the flexibility to either purchase the property in full if your fund has sufficient funds, or to leverage your existing superannuation savings to finance the purchase with a loan.
Properties we can help finance
Residential Property
Commercial Property
Agricultural Investments
What is the
Eligibility Criteria?
To use your SMSF for purchasing property, either fully or through leveraging existing superannuation savings with a loan, you must meet the following criteria:
Sufficient Funds
Your SMSF must cover the full purchase price or a substantial deposit.
Compliance with SMSF Rules
The property must follow SMSF regulations, including the sole purpose test.
Limited Recourse Borrowing Arrangement (LRBA)
Loans must be structured under LRBA.
Investment Strategy Alignment
The investment must fit the SMSF’s documented strategy.
Property Type
Residential properties cannot house members; commercial properties can be leased to related parties.
Professional Advice
Seek financial and legal advice for compliance and structure.
Sufficient Funds for SMSF Property Purchase
Ensuring that your SMSF has sufficient funds is a crucial step in the property purchase process. Here’s an in-depth look at what this criterion entails:
For an outright property purchase, your SMSF must possess enough liquid assets to cover the entire cost of the property. This includes:
- Purchase Price: The total amount required to buy the property.
- Stamp Duty: A tax levied on the purchase, varying by state.
- Legal Fees: Costs associated with conveyancing and legal advice.
- Property Inspection Fees: Expenses for building and pest inspections.
- Other Transaction Costs: Miscellaneous costs such as registration fees and valuation fees.
Having sufficient funds to cover these expenses ensures that the SMSF can secure the property without needing to borrow money, which simplifies the transaction and avoids additional borrowing costs.
If the SMSF opts for a property loan under a Limited Recourse Borrowing Arrangement (LRBA), it must have enough capital to make a substantial deposit. Typically, lenders require:
- Deposit: Usually around 20-30% of the property’s purchase price. This shows the lender your fund’s financial stability and commitment.
- Additional Costs: Apart from the deposit, the SMSF should have enough funds to cover the same additional expenses listed above (stamp duty, legal fees, etc.).
Beyond the initial purchase, your SMSF needs to have ongoing financial stability to manage the property effectively:
- Loan Repayments: Ensuring regular loan repayments if the property is financed.
- Property Maintenance: Covering upkeep, repairs, and maintenance to preserve the property’s value.
- Insurance: Paying for property insurance to protect the asset from damage or loss.
Effective cash flow management is crucial for maintaining sufficient funds. Your SMSF should:
- Diversify Investments: Avoid putting all resources into one property. Diversification can help mitigate risks and ensure liquidity.
- Monitor Contributions: Regularly track contributions and rollovers into the SMSF to maintain adequate funds.
- Plan for Contingencies: Set aside reserves for unexpected expenses or market downturns.
The Australian Taxation Office (ATO) provides detailed guidelines on managing SMSF funds and property investments. Ensuring compliance with ATO regulations is essential to avoid penalties and maintain the fund’s integrity.
For more detailed information on SMSF investment rules and requirements for maintaining sufficient funds, you can consult the ATO’s official page on SMSF investments.
Compliance with SMSF Rules for Property Purchase
Compliance with SMSF rules is fundamental when considering a property purchase. Ensuring adherence to these regulations helps maintain the fund’s integrity and avoid penalties. Here’s an in-depth look at what compliance entails:
The sole purpose test is a cornerstone of SMSF regulations. It mandates that your SMSF must be maintained for the sole purpose of providing retirement benefits to its members, or their dependents if a member dies before retirement. When purchasing property, this means:
- Investment Purpose: The property must be acquired for genuine investment purposes, contributing to the growth of the retirement savings.
- No Personal Use: Members or related parties cannot use the property for personal enjoyment, such as living in a residential property owned by the SMSF.
For more details, refer to the ATO’s guidelines on the sole purpose test.
Generally, your SMSF cannot acquire property from a related party unless it falls under specific exemptions:
- Market Value Requirement: If an exemption applies (e.g., business real property), the acquisition must occur at market value to ensure fairness and compliance.
- Arm’s Length Transactions: All transactions must be conducted on an arm’s length basis, meaning they should reflect standard commercial terms and conditions.
Detailed information can be found in the ATO’s rules on acquiring assets from related parties.
SMSFs are restricted from holding more than 5% of their total assets as in-house assets, which include properties leased to related parties:
- Regular Valuations: Regular valuations of all fund assets are essential to ensure compliance with this threshold.
- Divestment Obligations: If the value of in-house assets exceeds 5%, the SMSF must take corrective actions within a specified period.
Learn more about the in-house asset rule.
Your SMSF must have a documented investment strategy that aligns with the property purchase:
- Risk Management: The strategy should consider risks associated with property investment, including market volatility and liquidity.
- Diversification: Ensure the investment does not overly concentrate the fund’s assets into one property.
Check the ATO’s advice on investment strategies.
- Fund Documentation: Keep comprehensive records of all decisions and transactions related to the property purchase.
- Annual Audits: Conduct annual audits to verify compliance with SMSF regulations and identify any breaches early.
- Trustee Responsibilities: Trustees must stay informed and adhere to all legal obligations, ensuring the SMSF operates lawfully.
For further guidance, the ATO provides extensive resources on SMSF compliance. Non-compliance can result in penalties, loss of tax concessions, and other significant consequences.
Limited Recourse Borrowing Arrangement (LRBA) for SMSF Property Purchase
A Limited Recourse Borrowing Arrangement (LRBA) allows SMSFs to borrow funds to purchase an asset, such as property, where the lender’s recourse is limited to that asset. This structure helps protect other assets within the SMSF. Here’s an in-depth look at what LRBA entails:
- Separate Trust: The purchased property must be held in a separate trust, often referred to as a Bare Trust or Custodian Trust, until the loan is repaid.
- Legal Ownership: The property’s legal ownership is held by the trustee of the Bare Trust, while the SMSF maintains beneficial ownership.
- Single Acquirable Asset: The loan can only be used to acquire a single asset or a collection of identical assets with the same market value.
For a detailed explanation of setting up an LRBA, visit the ATO’s guidelines on LRBAs.
- Limited Recourse Nature: The loan must be structured so that the lender’s recovery rights are limited to the property acquired. This means that in the event of default, the lender cannot seize other SMSF assets.
- Commercial Terms: Loans must be made on commercial terms, reflecting standard industry practices regarding interest rates, repayment schedules, and loan-to-value ratios.
- Asset Protection: Limits the lender’s claim to the purchased property, safeguarding other SMSF assets from potential recovery actions.
- Leveraging Superannuation Savings: Allows the SMSF to invest in higher-value properties than would be possible using only available cash funds, potentially enhancing investment returns.
- Complexity and Costs: Setting up an LRBA involves legal and administrative complexities, including establishing a Bare Trust and complying with ATO regulations. This can incur additional costs.
- Cash Flow Management: The SMSF must ensure it has sufficient liquidity to cover loan repayments and property-related expenses without jeopardising its ability to meet other obligations.
- Market Risks: Like all investments, property values can fluctuate, which may impact the fund’s ability to repay the loan or achieve expected returns.
- Documentation: Maintain detailed records of all transactions and decisions related to the LRBA to ensure transparency and compliance with ATO regulations.
- Annual Audits: Conduct regular audits to verify that the LRBA and the SMSF are compliant with legislative requirements.
- Trustee Responsibilities: Trustees must understand and adhere to their legal obligations under the LRBA, ensuring informed decision-making and prudent management of fund assets.
For more information on compliance, refer to the comprehensive ATO guide on SMSF borrowing.
Investment Strategy Alignment for SMSF Property Purchase
Aligning the property investment with your SMSF’s documented investment strategy is critical to ensure compliance and effective fund management. Here’s an in-depth look at this requirement:
Your SMSF must have a clearly documented investment strategy that outlines how different types of investments (including property) will help meet the fund’s objectives. The strategy should be regularly reviewed and updated to reflect any changes in the fund’s circumstances or market conditions.
Purpose of Investment Strategy: To provide a framework for making informed investment decisions that align with the fund’s overall goals, risk tolerance, and legal obligations.
For more information, refer to the ATO’s guidelines on investment strategies.
- Risk Profile: Assess the risk associated with the property investment relative to the fund’s risk tolerance. This involves evaluating the potential for capital growth, income generation, and risks such as market volatility, property-specific risks (e.g., location, condition), and economic factors.
- Diversification: Ensure the property investment does not overly concentrate the fund’s assets. Diversification helps spread risk across different asset classes (e.g., shares, bonds, properties) and reduces the impact of poor performance in any single investment.
- Liquidity Needs: Consider the fund’s liquidity requirements to ensure it can meet its short-term and long-term obligations. Property is generally an illiquid asset, so it’s important to balance it with more liquid investments to cover expenses, member benefits, and potential unforeseen costs.
- Ability to Meet Member Benefits: Ensure the property investment supports the ability to pay out member benefits when they become due, whether as pensions, lump sums, or other entitlements. The investment strategy should reflect the age demographics and retirement timelines of the members.
- Collaborative Decision-Making: Trustees should work together to develop and review the investment strategy, ensuring it reflects all members’ needs and preferences.
- Professional Advice: While developing the strategy, seeking input from financial advisors, accountants, and legal experts can help ensure that the strategy is robust and compliant with regulatory requirements.
- Regular Reviews: Conduct regular reviews of the investment strategy to ensure it remains aligned with the fund’s goals and responds to changes in market conditions or the personal circumstances of fund members.
- Rebalancing Investments: Periodically rebalance the SMSF’s portfolio to maintain the desired allocation across different asset classes, ensuring ongoing alignment with the investment strategy.
- Documentation and Record-Keeping: Maintain thorough records of all investment decisions, reviews, and updates to the strategy. This documentation is crucial for compliance and audit purposes.
- Annual Audits: Ensure the investment strategy and its implementation are reviewed during the annual audit to verify compliance with SMSF regulations.
For further guidance on maintaining compliance with investment strategy requirements, visit the ATO’s page on investment strategy.
Property Type for SMSF Investment
When purchasing property through an SMSF, it’s essential to understand the different regulations and considerations related to residential and commercial properties. Here’s an in-depth look at what you need to know regarding property types:
- Usage Restrictions: Residential properties purchased through an SMSF cannot be lived in by any member of the SMSF or a related party of a member. This restriction ensures compliance with the sole purpose test, which mandates that the SMSF be maintained for providing retirement benefits only.
- Investment Purposes Only: The property must be acquired for genuine investment purposes, such as generating rental income or achieving capital gains, rather than serving personal needs.
- Arm’s Length Transactions: All dealings involving the residential property must be conducted on an arm’s length basis. This means all transactions should reflect standard commercial terms and conditions without favouring members or related parties.
For detailed information on residential property investments, refer to the ATO’s guidelines on SMSF property rules.
- Leasing to Related Parties: Unlike residential properties, commercial properties can be leased to a related party of the SMSF, provided the lease agreement is conducted on an arm’s length basis. This includes ensuring:
- Market Rent: The rent charged must be at market rate.
- Standard Terms: Lease terms, including duration, reviews, and obligations, should reflect standard commercial practices.
- Examples of Related Parties:
- Businesses Owned by Members: If a member of the SMSF owns a business, that business can lease the commercial property from the SMSF.
- Employee Leases: Leasing to businesses that employ SMSF members is permitted under the same arm’s length conditions.
For more details, visit the ATO’s section on related party transactions.
- Documentation: Keep thorough records of all lease agreements and transactions to demonstrate compliance with arm’s length requirements and other regulatory guidelines.
- Regular Valuations: Conduct regular valuations to ensure rental rates remain at market value and adjust lease terms accordingly.
- Audits: Include these transactions in the annual audit to verify compliance with SMSF regulations and identify any potential issues early.
- Benefits:
- Diversification: Adding property investments (either residential or commercial) can diversify the SMSF portfolio, potentially reducing overall risk.
- Income Generation: Rental income from commercial leases or residential tenants can provide a steady cash flow to the SMSF.
- Risks:
- Vacancy Periods: Periods without tenants can impact cash flow and the fund’s ability to meet expenses or loan repayments.
- Market Fluctuations: Property values can fluctuate, impacting the SMSF’s overall asset value and liquidity.
Ensure that the choice of property type aligns with the SMSF’s documented investment strategy, considering factors such as risk profile, diversification needs, and liquidity requirements.
For further details on managing SMSF investments in property, refer to the ATO’s comprehensive guide on SMSF property investment.
Professional Advice for SMSF Property Investment
Seeking professional financial and legal advice is a critical step when considering property investment through an SMSF. Expert guidance ensures compliance with regulations, optimal structuring, and informed decision-making. Here’s an in-depth look at the importance of professional advice:
- Investment Strategy Alignment: A qualified financial advisor can help you align your property investment with your SMSF’s documented investment strategy, ensuring it meets risk tolerance, diversification, and liquidity needs.
- Portfolio Diversification: Advisors can provide insights into how the property fits within your overall investment portfolio, suggesting ways to diversify and mitigate risks.
- Long-term Planning: They assist in developing long-term plans that consider market trends, economic factors, and member benefits, ensuring the property investment supports retirement goals.
- Cash Flow Management: Financial advisors help in assessing the cash flow implications of the investment, including rental income, loan repayments (if applicable), and ongoing expenses like maintenance and insurance.
For more information on the role of financial advisors, visit ASIC’s guide on financial advice.
- Compliance with Regulations: Legal professionals ensure that your property investment complies with all relevant SMSF regulations, including acquisition rules, related party transactions, and the sole purpose test.
- Structuring the Purchase: They assist in structuring the purchase, particularly if using a Limited Recourse Borrowing Arrangement (LRBA), ensuring all legal documents (e.g., Bare Trust, loan agreements) are correctly prepared and executed.
- Lease Agreements: For commercial properties leased to related parties, legal advisors draft and review lease agreements to ensure they adhere to arm’s length terms and market standards.
- Dispute Resolution: They provide support in resolving any disputes or legal issues that may arise during the course of the investment, protecting the interests of the SMSF and its members.
For further details on legal considerations, refer to the ATO’s guidelines on SMSF investment rules.
- Tax Implications: Accountants provide advice on the tax implications of property investments, including capital gains tax, rental income tax treatment, and deductions for expenses like interest and maintenance.
- Record-Keeping and Reporting: They assist in maintaining accurate financial records and fulfilling reporting obligations, such as annual returns, audits, and other compliance requirements.
- Financial Health Check: Accountants perform financial health checks to ensure the SMSF remains solvent and able to meet its obligations, such as member benefits.
For more information on the role of accountants in SMSF management, visit CPA Australia’s resources on SMSFs.
- Market Analysis: Property advisors conduct market analysis to identify suitable investment properties, considering factors like location, growth potential, rental yield, and market trends.
- Due Diligence: They perform due diligence on properties, including inspections, valuations, and assessments of potential legal and environmental issues.
- Negotiations: Advisors can assist in negotiating purchase prices and terms, leveraging their expertise to secure favourable deals for the SMSF.
- Management Services: Some property advisors offer ongoing management services, handling tenant relationships, rent collection, and property maintenance.
- Holistic Approach: Integrated advice from financial, legal, and property experts ensures all aspects of the property investment are considered, providing a comprehensive and cohesive strategy.
- Risk Mitigation: Professional advice helps identify and mitigate risks associated with property investment, ensuring the SMSF remains compliant and financially healthy.
- Informed Decision-Making: Expert guidance enables trustees to make informed decisions based on accurate information and professional insights, enhancing the likelihood of successful investment outcomes.
For more comprehensive advice, you can refer to various professional bodies such as Financial Planning Association of Australia, Law Council of Australia, and Real Estate Institute of Australia.
Additionally, My Family Finance can help provide tailored advice and services for your SMSF property investment needs.
Explore Our SMSF Services
SMSF Establishment and Management
Expertly set up and manage your SMSF, understand implications, secure tax benefits, and monitor contributions.
Investment and Valuation
Get market value updates, access funds, and manage wind-ups for optimal and compliant SMSF investments.
Compliance and Administration
Stay compliant with financial reporting, deed upgrades, and comprehensive administration services.
Our Milestones in the SMSF Sector
Managing
20+ SMSFs
$23 Million
AUM Growth
$27 Million
Assets Managed
Managing 20+ SMSFs with $5 Million in Revenue
In 2023, our management of over 20 SMSFs generated $3 million in revenue and a 16% ROI.
$23 Million SMSF AUM Growth
Our SMSF assets under management grew from $2 million in 2014 to $25 million in 2023, covering sectors like technology, healthcare, real estate, and energy.
$27 Million in SMSF Assets Managed
By Q1 2024, we successfully managed SMSF assets worth $27 Million, achieving an average annual return of 12% through strategic investments and risk management.
My Family Finance
Meet the driving force
Prashant Nand is the Founder and CEO of My Family Finance, a leading firm for Australian families and property owners.
Expertise in SMSF Management
Prashant is particularly adept in Self-Managed Super Fund (SMSF) services, leveraging his deep understanding of SMSF regulations and investment strategies to empower clients with control over their retirement savings.
He provides personalised support throughout the setup and ongoing management of SMSFs, ensuring compliance and optimising investment outcomes.
Commitment to Empathy and Compassion
Prashant’s motto, “Kindness Matters,” reflects his commitment to empathy and compassion in both his professional and personal life.
His dedication to both personal and professional growth ensures that clients receive thoughtful and comprehensive financial guidance.
Years Of Experience
0
+
Families Helped
0
+
Specialists
0
+
10 Most Common SMSF Questions Answered
A self-managed super fund (SMSF) is a private super fund that you manage yourself. SMSFs are different to industry and retail super funds. When you manage your own super, you put the money you would normally put in a retail or industry super fund into your own SMSF. You choose the investments and the insurance.
There’s no minimum balance required to set up an SMSF, but it usually becomes cost-effective once you have a balance of $250,000 or more. You will need to pay the annual supervisory levy to the ATO and arrange for an accountant to prepare the financial statements and tax return, and conduct an independent audit.
At the end of a financial year, if the level of in-house assets of a SMSF exceeds 5% of its total assets, trustees must prepare a written plan to reduce the market ratio to 5% or below. This plan must be prepared before the end of the next year of income.
Properties bought through an SMSF loan can enjoy great tax benefits such as:
- Exempt from capital gains tax once the fund member(s) retire.
- Lower tax rate for rental income after expenses.
- Tax deductions for loan repayments.
The property can only be used for providing retirement benefits to the SMSF members otherwise it will breach the ‘sole purpose test’. This means you or your relatives cannot live in property owned by your SMSF.
To purchase a residential property for your SMSF, it’s recommended for you to have at least 20-25% of the property value set aside as a deposit, as well as an extra 5% to cover the costs of finalising the purchase.
While all super funds are subject to the same tax rules, there are some tax benefits that large funds choose not to take advantage of because it is not practical for them, requires expensive system changes or disadvantages other members. In your SMSF you can make tax choices that are right for you.
The downsides involve the time and effort to manage the fund, compliance risks, limited diversification, and restricted access to government protections. That’s where our expert financial advisors come in—they can help you navigate these challenges, ensuring your SMSF is managed efficiently while mitigating risks and maximising returns.
Now there is no minimum starting balance to set up an SMSF, this kind of superfund is accessible to more Australians. However, though it would be possible to set up an SMSF with a lower balance such as $100,000 – $200,000, your SMSF becomes much more profitable once your balance is over $200,000.
An SMSF will have to pay certain expenses to keep on running the Fund for the purpose of providing for the Members’ retirement benefit. Normal operating expenses will be a tax deduction in the SMSF, but Trustees cannot be remunerated for their services as Trustees.
