All Topics / Finance / SMSF and residential property
Hi
If anyone out there could answer my question, I am a little unsure what you can do to property with a SMSF. I do understand you can not purchase a residential property to live in but my question is can you buy a investment residential property renovate it then resell and put the funds back into the SMSF?
Thanks
Rachael
Yes you can. But the fund cannot borrow to fund the renovation.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Further you need to be careful not to appear as though the fund is trading in property (ie deliberately doing buy, reno, sell, and repeat). Perhaps acquire something, hang onto it for 18mths or so, then reno and sell…
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Don't think hanging onto it that long is really necessary. You just have to make sure the fund meets the "sole purpose test" and is investing for the sole purpose of providing for the retirement of its members.
Make sure you seek legal advice before setting up a SMSF as they are complex with many many issues.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Good to know Terry, cheers! The whole SMSF buying property thing is still sufficiently new that trusted professionals in the know are not falling from the sky. I love your post, a lot! It makes me very very pleased and thinking about an imminent reno!
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Yes, it may be a good idea to do in your SMSF. Seek professional advice as things are tricky.
e.g. The SMSF must pay for all expenses. If you pay yourself then it could be deemed a contribution to the fund and this could result in you contributing too much for the year and the fund attacting penalty tax – excess contributions can be taxed at 46.5%.
SMSF may be able to borrow from members too, without mortgaging the property – eg you have a LOC and on lend to SMSF.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I recommend using an SMSF to buy property, especially to help out to increase your wealth for retirement. It's a little more complex to use an SMSF but the tax advantages are there. I think it's much better than a typical super fund, as you have much more control. Personally I really didn't like paying all the high and ongoing management fees for my previous typical super fund.
SMSF also provides the greatest form of asset protection available.
Maybe consider not selling. Borrow 80% initially, get it cashflow neutral, or negative geared after depreciation and then the new contributions to the fund may be tax free to an extent to – ie no 15% contributions tax if the fund is running at a loss. Keep saving in a 100% offset account (for new contributions) and once you have the 20% for the next property repeat.
Then when you meet a condition of release draw a tax free pension and sell the property CGT free.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Terryw wrote:Yes, it may be a good idea to do in your SMSF. Seek professional advice as things are tricky.e.g. The SMSF must pay for all expenses. If you pay yourself then it could be deemed a contribution to the fund and this could result in you contributing too much for the year and the fund attacting penalty tax – excess contributions can be taxed at 46.5%.
SMSF may be able to borrow from members too, without mortgaging the property – eg you have a LOC and on lend to SMSF.
Yep I'm all over that issue. Just went through my first ever SMSF tax return and was very on the ball with the contribution caps.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
JacM wrote:Terryw wrote:Yes, it may be a good idea to do in your SMSF. Seek professional advice as things are tricky.e.g. The SMSF must pay for all expenses. If you pay yourself then it could be deemed a contribution to the fund and this could result in you contributing too much for the year and the fund attacting penalty tax – excess contributions can be taxed at 46.5%.
SMSF may be able to borrow from members too, without mortgaging the property – eg you have a LOC and on lend to SMSF.
Yep I'm all over that issue. Just went through my first ever SMSF tax return and was very on the ball with the contribution caps.
Hi JacM
Can I ask what you pay for the SMSF tax return and auditing?
(I am just about to set up a tax agent business).
Thanks
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Re borrowing for property in a SMSF, this is the ruling to read:
SMSFR 2012/1
Self Managed Superannuation Funds: limited recourse borrowing arrangements – application of key concepts
http://law.ato.gov.au/atolaw/view.htm?docid=SFR/SMSFR20121/NAT/ATO/00001
(if itnerested)
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
From smsftr 2012/1
Money other than borrowings used to improve an asset
30. Subparagraph 67A(1)(a)(i) provides that borrowings under an LRBA cannot be used to fund improvements. However, money from other sources can be used to improve (or repair or maintain) a single acquirable asset. For example, accumulated funds held by the SMSF may be used to fund the improvements.23 However, any improvements must not result in the acquirable asset becoming a different asset.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thank you all so much for your input. I greatly appreciate your time and information
Rachael
Agree with Terry.
I own numerous properties within my SMSF and don't have any intensions of selling any of them.
During the accumalation phase an asset sold within the fund pays Capital Gain Tax at 10% on the basis the concessional rate applies and if not 15%.
When financing a deal inside a SMSF a lender does not look at your own personal assets & liabilities so we are getting more and more enquiries from clients who on paper appear to have reached their maximum borrowing.
Few tricks for younger players when working out serviceability but certainly if the fund is established you can purchase multiple properties at an 80% gearing.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
Terryw wrote:Hi JacM
Can I ask what you pay for the SMSF tax return and auditing?
(I am just about to set up a tax agent business).
Thanks
Hi Terry,
Sure no worries. My accountant had of course let me know that the cost would be dependant upon complexity of the tax return and how good my record keeping was, and given me a ballpark guide of circa $1000 for a basic tax return and audit for a smsf that has only one property and some cashola in the bank account. I asked him upfront precisely what he needed so I could give him the lot in one go to keep the time he had to spend on it down to a minimum, and got it right first time. Mostly to save myself feeling like I had missed something and would be sent to prison by the ATO hahahah. The spreadsheets I gave him were immaculate if I do say so myself and as such the fee I was charged for the tax return and audit for a total of $660 ($330 audit, $330 tax return). I was extremely happy with this.
The kinds of spreadsheets I provided him were spreadsheets showing the splits between SGC pre-tax contributions, voluntary pre-tax contributions, and post-tax contributions…. spreadsheets showing how much was contributed into super funds outside of the smsf and inside the smsf so he could clearly see I came in under the $25k limit, and spreadsheets explaining what each and every transaction on the bank accounts was (with each transaction grouped into category columns as well so he could, for eg, total up everything in the "plumber fees" column. All the accountant had to do was a sanity check and some copying and pasting of totals figures into the tax return software I suppose! Nice and easy for him, and thus kept the cost low. If I had just thrown the bank statements at him and expected him to guess what everything was, it would have cost much much more.
I think it is a good idea to tell people precisely what info they have to give you, and maybe provide example spreadsheets that they can use as a base. Ask them to package all the information onto a cd or usb stick for you so they don't send it through in dribs and drabs which inevitably costs more of your time to sift through.
Hope this helps!
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Example:
I have invested in property.
At the age of 40, my SMSF have enough money, so the property comes on my name. That is the only way I can own the property before retirement, and the only way to sell it??
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