A) If a person does an individual SMSF then property overseas is in the persons name
It is not possible to have a SMSF with one member who is also trustee. This is because you cannot hold property on trust for yourself so such a trust would fail. (SMSF is a trust).
My wording was a bit vague here.
I should have said it is not people to have a SMSF with just one member who is sole trustee. One member funds with 2 trustees is possible.
If you were to go bankrupt the trustee in bankruptcy may look at your bank statements and query the transaction. You would say it was a gift and they will argue that it was a loan and is due back to you. You could produce the minutes of the trustees showing they accepted a gift from you.
You mention transferring the money to the trustee account – where is it now? I think you may have used it to settle. Transferring it around and back again doesn't really change anything i think.
Thanks for the link Brady5 its got me thinking just a few questions for the pros on this subject out there.
Can you withdraw the profits if you bought a cashflow positive property or do you need to reinvest it within the superannuation limits?
Also how does the members thing work? Can unmarried partners pool their superannuation money together to purchase a property?
Yes, unmarried partners, married partners, people with mustaches and eunuchs can all join together joint together to form a SMSF. But you have to ask yourself can you work with other people all together?
You should look at getting some legal advice as there are some strategies you could employ.
Selling – agents commissions 2 to 3% sometimes this includes advertising. Negotiable. You will also need to use a lawyer or a conveyancer for the sale. Oh and commission is payable on the sale price.
You should also look at the terms of the will. If your friend has been paying bills for the house then these may come out of the estate. If she has been left part of a property then this is hers unless the will says otherwise. Maybe it is the residue of the estate that get split up, that is the left over part after making specific gifts such as this property.
You can actually claim expenses out right even if you borrow to pay them. You are looking at interest on borrowings which would be treated differently.
So I am about to redevelop a property I own. The bank will loan me some of the money, but there will be a short fall so I will borrow money from the SMSF (documented in the SMSF plan, and interest will be paid monthly).
How do you overcome the law that SMSF are prohibited to lend to members or associates of members, s 65 SIS Act
Am pretty new to property investing and know very little about the how SMSFs work, but going through the thread i understand that the biggest hurdle is that no lender overseas would be willing to lend based on the regulatory requirements in Australia. My question then is what if there is no lending involved or if the lending requirements are fulfilled by a private loan from say a family member. I am in a similar situation and would like to setup a SMSF to invest in India. I have 2 options either pool funds with my Dad or to use my own money, which i must add would mean over 90% of my currently SF balance.
Any thoughts on whether this would work?
regards
Jai
Jaidee you must be Thai!
What you are proposing about is dangerous. have a read of s65 of the SIS Act Lending to members of regulated superannuation fund prohibited