An increasing number of property investors are acquiring property through their self-managed super funds (SMSF). Although these acquisitions may fit within an overall investment strategy, investors must seek advice beforehand to ensure the strategy is suitable and complies with Australia’s complex superannuation laws and regulations.
Whether you already have an SMSF or if you are considering establishing one for the purpose of acquiring property then you must keep in mind several key factors before putting the investment strategy into motion.
- Does the purchase meet the ‘sole purpose test’?
- Is the purchase an ‘arm’s length transaction?
- Are there any restrictions on the type of Property that a SMSF can acquire?
- Does the SMSF have sufficient funds to complete purchase the property in full or will a loan need to be taken out?
- Must meet the ‘Sole Purpose Test’
Investors must ensure that the SMSF investor strategy satisfies the ‘sole purpose test’; meaning the sole purpose of the investment strategy (such as purchasing property) is to provide retirement benefits to the fund’s members, or for dependents of a fund member if that member dies before retirement.
It is crucial that no other purposes can be established for the acquisition, such as acquiring the property so it may be used by the fund member as a vacation property or for personal use by a member.
- Must be an Arm’s length Transaction’
Any acquisition of property by a SMSF must always be conducted at ‘arm’s length’ which means that the purchase of the property must be at true market value. Where an investment is not at arm’s length then this would breach superannuation laws and mean that the value of the fund’s asset does not accurately reflect the true market value.
- Restrictions on Certain Types of Property Acquisitions
SMSFs may acquire both residential and commercial property, however, there a number of restrictions that apply to SMSFs acquiring residential property. For example, residential property can only be acquired from a party that is not related to the fund or any member of that fund and must not be lived in by a member of the fund (or for that party related to a member).
By comparison, a SMSF is generally able to invest in commercial properties with fewer restrictions.
- Funding Considerations when acquiring via SMSF
A SMSF with sufficient funds in the superannuation account can acquire a property in a relatively direct manner provided it has enough funds to pay the full price or the property as well as all ancillary costs (i.e. stamp duty, legal costs, etc.)
If a SMSF does not have enough funds to complete the purchase on its own, then it may be possible to borrow money from a lender if it: (i) establishes a ‘bare trust’ arrangement; and (ii) enters into a limited recourse borrowing arrangement (LRBA). If you are seeking to borrow funds through a SMSF you must ensure that you seek appropriate professional advice as the process can be complex, timely, and may vary depending on the state where the property being acquired is located.
Investing in property through an SMSF offers significant benefits but comes with a complex set of compliance requirements. By understanding and adhering to these key considerations, you can navigate the legal landscape effectively and ensure that your property investment aligns with your retirement goals and regulatory obligations.
If you would like further information or are thinking about investing in property through your SMSF, please reach out to the specialist property team at Hitch Advisory.