Purchasing in USA using SMSF

Hi Steve,

Yes it can be done quite easily, although it is simpler to do if you do not borrow funds in the SMSF. I have personally not done it but I have advised about 15 or 16 people how to buy properties in the USA thrrough their SMSF. You need to set up a corporation in the USA that meets all of the requirements set out by ASIC and APRA here in Australia. You must also invest some of the funds into different asset class such as shares etc. For example 10% into shares and 90% into USA Property is ok.

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Hi Steve and "fishface"

I cannot offer any answers but hoping someone else can…

I was heading down the SMSF creation path in 2010 and was keen on the Australian federal NRAS scheme using SMSF but came across challenges with ANZ and other lenders so have "parked" the idea at this point.
In the mean time we investigated the US property market and have purchased 2 properties – (1x 5br and 1x3Br Town House). These are purchased via an LLC (a US Limited Liability Company) with my wife and I as "managers" – co-owners of the LLC.
 
I am still keen to put more into Super but concerned re the SMSF implications of purchasing foreign assets – ie US property implications of taxation on a SMSF vs other ownership. Trustee implications etc.
 
We would love to build a portfolio with some set aside as "now money" but other segment insulated by the Super legislation. Unfortunately the Australian Super benefits/tax concessions are not mimicked by the US-IRS as they have different schemes that we as non-resident aliens of course do not qualify for.

We are seeing a lot of complexity arising from setting up the LLC and bank accounts in the US for each property outside Super as we have done for the 2 purchased in 2010 let alone adding the ATO/SMSF compliance hurdles.

Hopefully there is a simpler way that is all of the following
        profitable/
        legal/
       compliant  and simple
                                                

Hi Michael & Browyn

Hate to say you are mistaken.

A SMSF is allowed to borrow to purchase a property and there are a couple of ways to do it.

We have many clients we have assisted in purchasing property both here in Australia, USA and the UK within a SMSF.

Cheers

Yours in Finance
 

Fishface – Scott,

…"What made you go the LLC path and are you happy with your decision."  … The $64 question  and the winner is …… I will let you know in 20 years after I have retired and all the taxation (IRS and ATO) hassles vs paperwork and compliance are forgotten as I twiddle my thumbs by the beach…….or in the local insane asylum !!!!

The LLC route is contentious but appears to be mixed support on the international forums due to the benefits of the US pass through taxation and ease of ownership transfers as opposed to the complexities of State reporting and corporate governance.
As an Australian investing in the US it allowed me to establish US bank accounts without physically "going there". I am also happy that I can treat the investments at arms length for other needs.

If I was a US Citizen and buying down the road or next county I would probably buy in my own name with decent insurance….but I am not!   We are "non-resident Aliens" and have no idea what the future holds in the city / county and how the tax laws and compliances may change.

In short I think it is a reasonable vehicle to establish the LLC with the SMSF as the "member" / manager but as always – check with your Australian advisors for the ATO/SIS compliance requirements and take 2 bex before lying down!!

Hi, Anyone would be mad not to use an LLC or C-corp to purchase property in the USA. If using funds from a SMSF a C-corp is best. Why do I say you are mad? Because if you do not quarantine your assets you are leaving yourself open to loosing them all if something goes wrong and you are found liable. These structures are cheap and also not too difficult to set up. <moderator: delete advertising>. Cheers, Sutt

Guys

Yes you can buy through your SMSF, but you need the correct vehicle.

Here's the thing, there are people on here claiming you can use leverage  (finance) with your Super.

This is 100% INCORRECT at this point. Any one that does this can be in deep water. Maybe not today but in the very near future. There are actually companies on this forum saying this is possible and have gone through the procedure with clients.. Crazy, but that's what happens when cowboys get into any market.

I can tell you without self promotion that US Invest wanted nothing more then to make such a structure legal. We spent more than $50,000 with 4 of the largest Australian legal companies, plus 3 different American legal teams to try to bring a solution to more than 200 ambitious US Invest clients. We could not find a satisfactory solution where  it stacked up against current superannuation law and their future investment interests.

So you can use your Super if you want to purchase outright, but you can't currently use finance with your SMSF. It's just not legal right now, and anyone saying that it is  either does not have your long term interest at heart or they haven't done enough research to give a correct answer.  Sorry to the posters on this thread but the answer does not exist. At least a legitimate one anyway.

Happy Investing,

Ryan

http://www.usinvest.com.au

Ryan sorry old mate you are incorrect there and i don't care how many times i say you legally able to borrow in your SMSF to purchase in the US, UK or any other Country under under S67A.

Been doing it since Sept 2007.

Cheers

Yours in Finance

Hi Richard,

We'd all love it if you can expand a little on this topic of a SMSF borrowing oversea's to purchase oversea's property…..not necessarily US property as I know you work for buyers of UK property as well don't you ?

Seems there are two trains of thought & it depends who you speak to as to what answer you get.

Hi guys, hoping you can help:

Also looking to buy in US, either through SMSF or cash. I need to know how I can set-up a US bank account from Oz as I spoke to a few companies of which some said they could do it, none have managed to actually come up with the goods.

Would I do it with my LLC name? If I was to use a company selling property in the US could they make this happen or is that all a myth at this stage?

Thanks,

Gazz

You will have have a look at the SIS Act and SIS regulations.

A requirement is that any borrowings must be limited recourse and the assets of the fund cannot be mortgaged. This means the new property has to go into a separate trust which then provides the vehicle for the borrowings and offers the property as security.

If this can be overcome then you could invest overseas and borrow to do so.