Things to know about SMSFs and property

Thousands of Australian investors have taken control of their retirement savings by establishing Self-Managed Super Funds (SMSFs).

In fact, SMSFs have become the single biggest asset class in Australia, with statistics showing over 1,000 new funds registered each week. Property investment through SMSFs has gained significant popularity, with 7% of funds now holding residential property and the value of these assets increasing by 60% between 2008 and 2013.

Before diving into property investment through your SMSF, there are several crucial factors to understand. This comprehensive guide explores the essential aspects of using an SMSF for property investment, including compliance requirements, investment options, borrowing arrangements, and important considerations to help you make informed decisions.

Understanding Self-Managed Super Funds (SMSFs)

A self-managed super fund is defined as a fund established by one to four people for the sole purpose of providing retirement benefits. While SMSFs enjoy the same financial benefits and concessions as retail, corporate or industry super funds, the key difference is the ability for members to take personal control of the assets invested.

The members are also trustees of the fund, which means they exercise full control over investments and are responsible for investment decisions. This structure allows trustees to develop financial strategies designed to cater to the specific needs of each member and to revise these approaches as circumstances change. A significant advantage is the ability to react quickly and decisively when investment opportunities arise.

However, with this control comes responsibility. SMSFs must meet the “sole purpose test,” which means the fund must be maintained for the sole purpose of providing retirement benefits to members or their dependants. All investment decisions, including property purchases, must align with this fundamental requirement.

Property investment options for SMSFs

Residential property rules and restrictions

You can invest in residential property through your SMSF, but strict rules apply:

• The property cannot be lived in by you, any other trustee, or anyone related to the trustees - no matter how distant the relationship.
• The property cannot be rented by you, any trustee, or any related parties.
• You cannot purchase an existing residential investment property you own and transfer it to your SMSF — either by having the fund purchase it at market value or by contributing it within contribution cap limits.
• The property must meet the ‘sole purpose test’ of solely providing retirement benefits to fund members.

This means buying a holiday home in your SMSF and using it during summer is not allowed. The property must be purely for investment purposes.

Commercial property opportunities

Generally speaking, investing in commercial premises through an SMSF has some advantages over residential properties:

• Commercial properties can be sold to an SMSF by its members.
• Commercial properties can be leased to SMSF trustees or a business related to them.
• Many small business owners use their SMSF to purchase business premises and then pay rent directly to the SMSF.

However, important rules still apply:

• The rent paid must be at the market rate (no discounts).
• Rent must be paid promptly and in full at each due date.
• The investment must satisfy the overarching function of the SMSF — providing retirement benefits for its members (the sole purpose test).

For business owners, using an SMSF to purchase premises can be advantageous, allowing you to pay rent to your own super fund rather than a third-party landlord. This strategy can serve both business needs and retirement planning goals.

Borrowing to purchase property through an SMSF

SMSFs can use loans to purchase property through a special borrowing structure called a Limited Recourse Borrowing Arrangement (LRBA). This arrangement involves very strict borrowing conditions:

• A separate property trust and trustee is established to hold the property on behalf of the super fund.
• All income and expenses related to the property go through the super fund’s bank account.
• The super fund must meet all loan repayments.
• If the fund fails to make repayments, the lender can only access the property held in the separate trust, not any other assets of the super fund.

Borrowing criteria for SMSFs is generally much stricter than standard property loans:

• SMSF property loans tend to be more costly than other property loans.
• Many financial institutions will not consider lending to an SMSF.
• Loan-to-value ratios are typically tighter.
• Your fund must always have sufficient liquidity or cash flow to meet expenses, including loan repayments, insurance premiums, and other property expenses.

Before establishing an SMSF primarily to purchase property with a mortgage, consulting with a bank or mortgage broker is strongly recommended to determine if you have sufficient funds to obtain finance.

Single acquirable asset rule

The concept of a ‘single acquirable asset’ is crucial when dealing with an LRBA. If the property spans multiple titles, each title may require its own bare trust, trustee, and LRBA. The Australian Taxation Office (ATO) has clarified specific scenarios where a single LRBA is permissible and where multiple LRBAs would be required.

Renovation restrictions

If you want to renovate an SMSF property:

• Simple, insignificant repairs and maintenance can be paid for from borrowed monies.
• Significant improvements or renovations must be funded by available cash already held within the super fund, not by the loan or borrowed money.
• Renovations that substantially change the asset will require a new limited recourse borrowing arrangement.

Tax implications and benefits

Investing in property through an SMSF comes with specific tax considerations:

• Your SMSF pays 15% tax on rental income from the property.
• For properties held longer than 12 months, the fund receives a one-third discount on any capital gain, reducing the effective capital gains tax to 10%.
• If the property is purchased via a loan, the interest payments are tax-deductible to the fund.
• If expenses exceed income, the taxable loss is carried forward each year and can be offset against future taxable income within the fund.
• Once trustees start receiving a pension at retirement, rental income or capital gains arising in the fund may be tax-free (within transfer balance cap limits).
• For commercial properties producing gross rental income exceeding $75,000 per annum, the fund will need to register for GST and can claim 100% of GST on any expenses associated with the property.

It’s important to note that unlike personal investment properties, if your SMSF property makes a loss, these tax losses cannot be offset against your personal taxable income outside the fund.

Costs and considerations

SMSF property investments involve various fees and charges that can significantly reduce your super balance:

• Upfront fees and establishment costs
• Legal fees and conveyancing costs
• Financial advice fees
• Stamp duty
• Ongoing property management fees
• Maintenance, rates, and insurance costs
• Commissions payable to developers and real estate agents
• Bank fees and loan costs, including interest
• Annual audit and compliance costs

Beyond costs, other important considerations include:

• Liquidity: Property is an illiquid asset, making it difficult to sell quickly if the SMSF needs cash for pension payments or lump sum withdrawals.
• Diversification: Investing too heavily in property can result in poor diversification, potentially increasing risk.
• Market fluctuations: Property values and rental incomes can fluctuate, affecting the fund’s performance.
• Exit strategy: Consider how and when the property might be sold, especially if members are approaching retirement.

Steps to setting up an SMSF for property investment

If you’re considering establishing an SMSF to invest in property, follow these key steps:

• Understand your obligations and responsibilities as an SMSF trustee.
• Choose your members - up to four people can be involved, typically family members.
• Select an appropriate trust deed that maximizes your SMSF’s potential.
• Organize your documentation for legal and regulatory compliance.
• Arrange insurance owned by the SMSF.
• Notify your employer about your SMSF setup, providing a letter of compliance and contribution details.
• Develop and implement your investment strategy, ensuring it aligns with your retirement goals.

Once your SMSF is established:

• Work with a mortgage broker to explore financing options if borrowing is needed.
• Engage qualified professionals to assist with property selection and purchase.
• Ensure all transactions are properly documented and comply with relevant regulations.
• Set up systems for ongoing compliance and record-keeping.

Common pitfalls and how to avoid them

Be aware of these common pitfalls when investing in property through an SMSF:

• Incorrect purchase structure: The property must be purchased in the name of the trustee of the bare trust. Failure to do so may lead to expensive stamp duty implications.
• Compliance breaches: Inadvertently breaking rules around personal use or related-party transactions can result in severe penalties.
• Cash flow issues: Ensuring sufficient funds are available for loan repayments, maintenance, and other expenses is crucial.
• Lack of diversification: Over-investing in property can leave your retirement savings vulnerable to property market downturns.
• Poor property selection: Not all properties make good investments; thorough research is essential.
• Conflict of interest: Be wary of groups of advisers who recommend each other’s services, as referral fees can create conflicts of interest.

To avoid these pitfalls:

• Work with licensed professionals who specialize in SMSF investments.
• Verify that anyone giving advice on an SMSF holds an Australian Financial Services (AFS) license.
• Conduct thorough due diligence on any property before purchasing.
• Regularly review your investment strategy and fund performance.
• Stay informed about regulatory changes affecting SMSFs and property investments.

SMSF property investment: real-world considerations

When implementing an SMSF property investment strategy, the theoretical understanding must be translated into practical application. Here are some real-world considerations to keep in mind:

Property selection criteria

Not all properties make suitable SMSF investments. The investment should align with your retirement goals and investment strategy. Consider these factors:

• Location growth potential: Areas with planned infrastructure development, employment growth, or urban renewal often offer better long-term prospects.
• Tenant appeal: Properties with broad market appeal are less likely to experience extended vacancy periods.
• Maintenance requirements: Newer properties typically have lower maintenance costs, an important consideration for fund cash flow.
• Potential rental yield: Look for properties that can deliver consistent rental returns to support loan repayments and ongoing expenses.

Many successful SMSF investors in Australia focus on established properties in middle-ring suburbs of major cities, where rental demand remains stable and long-term capital growth prospects are stronger.

Market timing considerations

While timing the property market perfectly is challenging, understanding where we are in the property cycle can inform your decision-making:

• Rising markets: May offer capital growth but higher entry costs.
• Flat or declining markets: Might present buying opportunities but require patience for returns.
• Interest rate environment: Current and projected rates affect borrowing costs and property affordability.

Recent data from CoreLogic shows significant variations in property performance across different Australian markets, highlighting the importance of location-specific research rather than following national trends.

Case study: Small business owner’s SMSF property strategy

Sarah, a small business owner in the Western Suburbs of Melbourne, established an SMSF with her partner. They had a combined super balance of $350,000 and wanted to purchase their business premises through the fund.

They found a suitable commercial property for $600,000 and:

• Used $200,000 from their SMSF as a deposit
• Borrowed $400,000 through an LRBA
• Set up proper leasing arrangements at market rates
• Paid rent from their business directly to the SMSF

Benefits realised:

• Their business built equity in an asset they controlled
• Rent payments contributed to their retirement savings
• They received tax deductions for rent paid by their business
• The property appreciated in value, enhancing their retirement position

This strategy worked because they:

• Maintained strict separation between business and SMSF finances
• Documented all transactions properly
• Ensured market-rate rent was paid promptly
• Consulted with professionals throughout the process

Recent regulatory developments

The regulatory landscape for SMSFs and property investment continues to evolve. Recent developments that SMSF trustees should be aware of include:

Transfer balance cap increases

From July 1, 2023, the transfer balance cap increased from $1.7 million to $1.9 million. This cap limits the amount that can be transferred into the tax-free retirement phase of superannuation. For SMSF property investors, this means potentially more retirement assets can be held in the tax-free pension environment, improving the after-tax returns on property investments.

Changes to LRBA treatment

The ATO has provided updated guidance on how LRBAs affect a member’s total superannuation balance. In certain circumstances, the outstanding LRBA loan amount can be counted towards a member’s total super balance, potentially affecting contribution caps and other superannuation entitlements.

Audit requirements

The ATO has increased scrutiny of SMSF property investments, particularly those involving related parties. Annual independent audits now pay special attention to:

• Evidence of market-rate rent for related-party tenants
• Proper documentation of all property transactions
• Compliance with the sole purpose test
• Adherence to borrowing arrangement requirements

Working with professionals

Given the complexity of SMSF property investment, working with qualified professionals is essential for success:

Essential professional support

• SMSF Specialist Accountant: For fund setup, ongoing compliance, and tax optimization.
• Financial Adviser: To develop an appropriate investment strategy and ensure property investments align with retirement goals.
• Mortgage Broker with SMSF Experience: To navigate the specialized LRBA lending market.
• Property Buyer’s Agent: To help identify suitable properties matching your investment criteria.
• Conveyancer/Solicitor with SMSF Experience: To ensure correct ownership structures and documentation.

Australian financial professionals who specialize in SMSFs must meet specific education and experience requirements. When selecting advisers, verify their credentials through ASIC’s Financial Advisers Register and ensure they have specific experience with SMSF property investments.

Is SMSF property investment right for you?

Investing in property through an SMSF can be a valuable strategy for building retirement wealth, but it’s not suitable for everyone. It requires careful planning, ongoing management, and strict compliance with regulations.

Consider your personal circumstances, investment goals, time horizon, and risk tolerance before proceeding. Smaller super balances may not justify the costs involved, while larger balances might benefit from the control and potential tax advantages an SMSF offers.

The ability to purchase property in your SMSF with borrowings comes with strict rules and obligations that you may not be familiar with outside an SMSF context. It is your responsibility as a trustee to understand these requirements, as the ATO will hold you accountable for compliance.

For many Australians, the benefits of an SMSF property strategy include:

• Greater control over retirement investments
• Potential tax advantages in the right circumstances
• The ability to leverage property growth for retirement
• For business owners, the opportunity to combine business premises with retirement planning

However, these benefits must be weighed against:

• The compliance burden and trustee responsibilities
• Setup and ongoing costs
• Potential liquidity challenges
• The need for diversification beyond property

Speaking with experienced professionals, including financial advisers, accountants, and mortgage brokers specialising in SMSF lending, is essential before making any decisions. Their expertise can help determine whether SMSF property investment aligns with your retirement goals and financial situation.

Further questions

This is general information only and is subject to change at any given time. Your complete financial situation will need to be assessed before acceptance of any proposal or product.