Wednesday 20 August 2014

What restrictions are there on investing in property within an SMSF?

Particularly with residential properties where we’re borrowing to invest in self-managed superannuation there are very stringent restrictions in place, some of the usual investment restrictions applied that we would talk about when we talk about investment strategy, things like operating an arm’s length, using all commercial terms and not having in house assets and things like that, but I guess to explain that more clearly what we’re looking for with residential property is not purchasing that property from a member or a related party of a member, so any one associated with that member is removed from the picture, we can’t acquire a property from him nor can we lease the property back to him even for a week or year, so we could for example buy a holiday house with their superannuation money and expect that a family member or relative can stay could stay in that property at any point in time, so with residential property we’re quietly limited in terms of the use, we can buy at arm’s length and we can lease it out at commercial rates to unknown parties or commercial basis in that time. 

When it comes to commercial property investment or business property it’s not as restricted, so we still have to operate on arms length terms, make sure all the rates and rent and all of those kinds of things are at commercial rates and we have proper leases in place and things like that but we can acquire that kind of property from a member of the fund or a relative of the member, so we could move for example a business property like a factory into a superannuation fund using borrowings to acquire that business property, that factory, I mean the business and that factory would pay rent to the self managed superannuation fund as the owner of the fund on arms length terms, so we can have the later parties in that instance but you can’t do that with residential property.

The other restriction is that we can’t develop property when its subject to borrowings within superannuation, so if we are looking to acquire a unit or something like that and do it up putting a new kitchen or bathroom, we can’t do that within the superannuation environment, it’s something that we need to look at outside of superannuation, so within the super environment you can acquire a property, you can certainly do repairs and maintenance but we must be very careful not to bridge the rules and step out of the line and turn that repair or maintenance into a big improvement that really changes the nature of that property, so development is pretty much out until you’ve paid off a property, once a property is paid off you can do what you like, so you could develop that and make substantial gains in that way. In addition, because of that limitation on developing property you couldn’t  for example buy a piece of land and then later on build a house on it or a factory or something like that, again that’s property development and it’s just not permitted within the superannuation environment when we are borrowing to invest.

There is no substitute for getting professional advice and second opinions when it comes to big financial decisions. As with all investment types and prior to making any investment decisions, your should consult a professional and licensed financial planner for advice on whether a SMSF and direct property investment is suited to your circumstances.
Future Assist Financial Services Group is an established, experienced and licensed financial planning firm assisting many Australians with their financial and retirement planning.
Talk to Future Assist today to see whether SMSF and direct property investment is suitable for you.

We can arrange your FREE self-managed superannuation setup and investment planning consultation:

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 The team at Future Assist specialise in self-managed super, assisting you to regain control and make your super work well for you. Our experts are adept with the latest industry movements and trends, providing you with advice on how to manage your funds effectively.

IMPORTANT: The information above is general in nature and has not taken into consideration your personal goals, financial situation or circumstances. We recommend that prior to making any decision regarding your financial circumstances, investments, superannuation, SMSF or direct property investment, you should consult your licensed financial planner or adviser.

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