Purchasing property within a Self-Managed Super Fund (SMSF) is an attractive investment strategy for many Australians. However, navigating the complexities of SMSF property acquisition requires a clear understanding of the legal framework. Here’s a brief guide to help you make an informed decision.

1. Eligibility and Legal Framework

To buy property in an SMSF, the property must meet the sole purpose test, meaning it must solely benefit the fund’s members’ retirement. This ensures that any property purchase aligns with the core purpose of the superannuation system—retirement savings.

2. Setting Up the SMSF

Before purchasing property, ensure your SMSF is properly set up with a trust deed and trustee arrangements. This is the time to get accounting advice.

3. Financing the Property Purchase

SMSFs can finance property purchases using their own funds or by borrowing through a limited recourse borrowing arrangement (LRBA). If you choose to borrow, make sure the loan complies with strict regulatory requirements, and it’s crucial to have legal advice early in the transaction.

4. Property Types Eligible for SMSF

SMSFs can purchase various types of properties, including residential, commercial, and industrial. However, properties must not be used by fund members or related parties, with the exception of business real property used for business purposes by a related entity.

3 Things to Look Out For:

  1. Legal Compliance: Ensure the property purchase complies with SMSF law which includes reviewing the contract.
  2. Borrowing Restrictions: Be cautious about taking out loans, as there are strict regulations. Get advice early.
  3. Investment Strategy: Make sure the property purchase aligns with your SMSF’s investment goals.

By following these steps and seeking professional guidance, you can safely invest in property through your SMSF and set yourself up for future financial success.

Contact Holt Ronan Lawyers today to see how we can assist you in the process.

 

Disclaimer: This advice is general in nature and is not intended to be legal advice.

If you would like legal advice, please call our office on (07) 5619 0440 and we would be pleased to assist you.

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