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15-Oct-2020 By - team

Could you manage an SMSF Property?

The use of a self-managed super fund (SMSF) to purchase real estate is gaining popularity, but before you make a purchase using your SMSF, you should give it some serious thought.

You need to be sure that it is consistent with your overall investing plan and steers clear of any needless risk.

The capacity of self-managed superannuation funds, often known as SMSFs, to make direct investments in real estate is one of the distinguishing features that draw the attention of certain types of investors to these funds. According to research conducted by Class Limited in 2016, a sizeable proportion of SMSFs did, in fact, make investments in natural resources. This proportion reached as high as 27.1 percent. This comprises residential as well as non-residential properties (i.e. commercial property).

A self-managed super fund (SMSF) is a private super fund that you manage yourself. SMSFs are different to industry and retail super funds. When you manage your own super, you put the money you would normally put in a retail or industry super fund into your own SMSF. You choose the investments and the insurance.

An SMSF could offer significant benefits in retirement

Trustees can potentially access direct shares, high-yielding cash accounts, term deposits, income investments, direct property, unlisted assets, international markets, collectables and more.

The main disadvantages of an SMSF over a retail superannuation fund are:
  • Costs associated with SMSFs. Subject to a case specific analysis, an SMSF may be more expensive than retail funds if the fund holds minimal assets. ...
  • Legal and compliance obligations. ...
  • Expertise and performance.
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What Is A Self-Managed Super Fund (SMSF)?

For self-managed superannuation funds (SMSFs) that do invest in real estate, nearly half of the fund’s assets are held in property holdings, with residential holdings accounting for 47% and non-residential holdings comprising 51%.

However, the truth of investing in real estate is that it is fairly difficult, and therefore, it should never be seen as a simple method to enter the property market.

A self-managed super that a superannuation provider managesa type of retirement savings account that is managed by the account holder themselves as opposed to being handled by a superannuation provider.

The do-it-yourself super technique allows you to maintain a closer relationship with the assets you invest in and provides tax advantages that major suppliers do not offer.

On the other hand, you will have a great deal more responsibility since you will be in charge of everything and will be responsible for ensuring that everything is organised and handled appropriately.

SMSFs are not appropriate for everyone since they require a lot of effort and study on the investor’s part. While some people flourish when given additional responsibility, others struggle to meet the challenge.

In contrast to a private superannuation fund that is administered by a pension provider like ‘Australian Super‘ or ‘QSuper,’ a self-managed superannuation fund, also known as an SMSF, is controlled by its members.

It is allowed to have up to four members, all of whom are required to act in the capacity of trustee. This indicates that each participant in the fund has equal responsibility for the choices made about the fund and the fund’s compliance with applicable regulations.

A trustee is also responsible for:

  • Stick to an investing approach that won’t put you through more stress than you can handle but will nonetheless provide for your retirement.
  • Have the necessary level of financial expertise to make judgments on investments,
  • Maintain detailed records in preparation for audits.
  • Provide members of the fund with insurance coverage.

 

Your employer is required by law to make deposits into your superannuation account, and you won’t be able to access those funds until you reach a “preservation age” of between 55 and 60 years old, depending on when you were born. So superannuation can be thought of as a savings account for your retirement.

When you establish a self-managed super fund (SMSF), you control your retirement savings by determining how much money goes into it, where that money is put, and how much of it is invested there. SMSFs are a major responsibility that, if taken on, demand a significant amount of time and work on top of sounding like a no brainer when you first hear about them.

In addition, they come with a great amount of fees, both directly in the form of charges and indirectly in the form of the cost of engaging specialists such as accountants to assist you with the procedure.

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Purchasing Real Estate Through Your SMSF

Self-managed super fund (SMSF) participants continue to prefer direct property investing as an investment choice strongly. Nevertheless, before to taking any action, significant deliberation is required. It’s possible that diversifying into other property asset types will assist SMSF investors in accomplishing the same result more effectively.

The level of control that trustees and members have over the investments made by a self-managed super fund (SMSF) is one of the most appealing features of these types of retirement savings vehicles, sometimes known as “super” funds. Additionally, the majority of investors already have some knowledge of the real estate market, which is another reason why property is the third most prevalent asset class for self-managed super funds (SMSFs).

Investing within a self-managed super fund (SMSF), on the other hand, comes with its own distinct set of obstacles, restrictions, and potential results. As a consequence of this, trustees ought to examine and contrast the various property investment vehicles accessible to them, such as direct property investments, unlisted funds, and trusts, in terms of the risks, returns, and tax consequences associated with each of these investment vehicles.

 

Direct property investment and SMSFs

Although it has always been feasible for superannuation funds to directly engage in real estate, many SMSFs in the past were unable to take advantage of this opportunity due to a lack of available capital. By enabling SMSF investors to borrow money to buy assets for their fund, the introduction of limited recourse borrowing arrangements (LRBA) in 2007 brought direct property investment within reach of many SMSF investors. This was accomplished by lowering the amount of risk associated with borrowing money.

Since then, borrowing by SMSFs has witnessed tremendous increase, reaching a total of $25.4 billion in 2016 (these are the most current dates for which we have information), with the majority of the borrowing being invested in real property assets. The information for these dates was obtained from the most recent sources available (93 percent). On the other hand, if the fund and its assets are required to comply with additional levels of expense and regulation as a result of the fact that the borrowing was conducted through an LRBA, then the situation is different.

Whether investing in direct property within your SMSF through lending or accumulating money, the investment should be reviewed for its suitability based on factors such as diversification, liquidity, management, and cash flow in order to determine whether or not it is suitable. Before proceeding with the purchase, it is important to carry out this evaluation first. The ability of the investment to make a contribution towards the fundamental purpose of superannuation, which is to provide an income in retirement, is the most important factor to take into account.

 

Self-managed Super Fund Property Rules

If you are in compliance with the requirements, you will be able to use your SMSF to purchase real estate.

The property has to have:

  • meet the’sole purpose test’ of solely providing retirement benefits to fund members. not be acquired from a related party of a member. 
  • not be lived in by a fund member or any related parties of fund members. 
  • not be rented by a fund member or any related parties of fund members. meet the’sole purpose test’ of solely providing retirement benefits to fund members.

 

If your SMSF decides to buy commercial property, a member of the fund may be able to lease that property for use in their own company. Nevertheless, it needs to be rented at the going market rate and adhere to certain regulations.

Your Self-Managed Superannuation Fund (SMSF) will be able to make investments in both residential and commercial real estate if you become a client of ESUPERFUND. However, when it comes to making investments in real estate for your SMSF, there are a number of very particular laws and regulations that need to be followed. Therefore, if you are considering buying real estate for your SMSF, it is highly recommended that you get aware with these rules and regulations beforehand.

For those interested in a nuanced approach to property tax planning, consulting with a reputable property advisor may provide valuable insights.

When you invest in the real estate market through a self-managed fund, you have the opportunity to speculate on the value of various types of property, including residential, commercial, and industrial real estate.

Nevertheless, you are obligated to think about which property class suits your needs the most and to adhere by the regulations.

  • Any property in which you choose to invest must meet the following criteria in order to be eligible: pass the “sole purpose test,” which stipulates that the property is kept for the purpose of providing retirement benefits for the fund’s members; 
  • not be owned by a person or entity that is related to the member; not be purchased from a related party; 
  • not be rented out by a person or entity that is related to a fund member.

 

Can you buy a property through Self Managed Super Fund (SMSF)?

In recent years, there has been a rise in the number of Australians who are using self-managed super funds (SMSFs), which are financial vehicles that can be used to pay for the acquisition of investment properties.

A fund that is self-managed may even borrow money in order to purchase a single asset or a collection of assets that are comparable to one another and have the same worth on the market.

One of the most prominent approaches to achieving this objective is through making use of limited recourse borrowing arrangements (LRBA), which are significantly accountable for the surge in popularity of property acquisitions made utilising SMSFs.

This specific arrangement includes the SMSF trustees getting the benefit interest in the bought item, while the legal ownership is retained on trust.

The positive is that, with an LRBA, your full super fund is not at risk if the loan defaults. However, additional limitations are placed on the means by which a creditor might recoup their losses.

The SMSF could employ a single asset strategy if the asset intended to be invested in is judged by the trustee to fulfil the Investment Objectives and provided that the Trustees have assessed the applicable Concentration Risk. By law, SMSF trustees must have an investing plan which takes consideration to diversity. Investment decisions are a matter for SMSF trustees, and it may be beneficial to obtain financial advice.

The use of an SMSF to purchase a residential property is permitted, however there are a number of limitations involved with making such a purchase. Consider seeking advice from a property professional to explore potential avenues for optimizing your property investment situation.

Below are some of these restrictions:

  • It is against the rules for a trustee or anybody linked to the trustee to dwell in a residential property that has been acquired using the SMSF.
  • It is forbidden for the trustee or anybody linked to the trustee to rent out the property that was acquired using the SMSF.
  • It is against the rules for the SMSF to purchase a property already held by a trustee or someone associated with the trustee.
  • The acquisition must pass the “sole purpose test,” which requires it to be used only for the purpose of delivering retirement benefits to fund members.

 

The objective of the sole purpose test is to guarantee that the SMSF is used to deliver benefits to members upon their retirement or to their dependants if the member passes away before they reach retirement age. It might be considered the SMSF property investing equivalent of the golden rule.

In addition, you are unable to incorporate an existing residential property that a trustee owns into the SMSF by acquiring the property.

It is essential to keep in mind that buying a home using money from a self-managed super fund (SMSF) is significantly different from getting a home loan from an SMSF to finance the purchase of a property. This is a different and more difficult kettle of fish, which we will get into later in the conversation.

The purchase of commercial property by SMSF investors is typically seen as more appealing than the purchase of residential property.

Using an SMSF to acquire commercial property is still subject to the same limitations as using an SMSF to acquire residential property. These limits include the “sole purpose test.”

The purchase of a commercial property by a small or medium-sized business (also known as a SME) using a self-managed superannuation fund (SMSF) and then leasing it back to the SME while paying rent to the SMSF is a popular practice.

This is permissible as long as it is done on what is known as a “arm’s length basis.” This essentially denotes that any and all investments need to be managed strictly commercially, with the assets reflecting their actual value in the market.

If you are considering doing this, there are numerous more requirements that you need to follow in addition to the sole purpose test, which are as follows:

  • The lease conditions absolutely need to be economically viable and/or in line with market value. You cannot save money by charging your partners in company higher rates while renting the property to yourself for a far lower amount than it is actually worth.
  • You are obligated to have frequent valuations done on the property in order to guarantee that the rent you are paying is equivalent to the property’s value on the market.
  • You are responsible for making on-time and complete payments of the rent at all times. As is the case with all other rental agreements, you are not permitted to pay even a day or two late on the grounds that you have had a less than successful week.

 

In the event that you do not adhere to these restrictions, the compliance status of your lease will be revoked. It is not worth it to engage in rule-breaking since SMSFs are scrutinised by the ATO, which conducts frequent audits of them to verify that they are complying. In addition to that, you are obligated to do an annual audit on yourself.

 

What Are SMSF Property Investments?

As a result of the fact that it enables investors to exercise complete control over their own investing decisions, Self-Managed Super Funds (SMSFs) are quickly becoming one of Australia’s most prominent, well-liked, and lucrative investment options. Investors are given the freedom and flexibility to make their own judgments on their investments, as well as their capital returns, growth methods, and overall performance.

Sentinel Property Group is a leading investment firm that provides a variety of services, one of which is geared specifically towards the property investment needs of self-managed superannuation funds (SMSFs). This particular service is unrivalled in terms of its positive track record of investment performance.

Investors in Sentinel receive predictable monthly returns that are entirely paid from the rental income generated by the company’s assets. In addition, investors in Sentinel get these monthly returns and extraordinary capital return payments on revaluations and capital growth returns on disposal in addition to these regular yields. This combination is quite desirable and appealing for anybody thinking about putting their retirement savings into real estate.

Investing in real estate through a self-managed super fund is to give you a higher degree of control over the methods by which your investments grow. Because of this, investors need to conduct exhaustive research on all of the various opportunities that are available and to make certain that the investments they choose to make provide returns that are above the average, which is a level of profitability that far too many investors have come to accept as ‘the norm.’

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The advantages of SMSF property investment

The ability to actively engage in real estate, especially commercial real estate, is one of the most significant advantages self-managed superannuation funds (SMSF) offers. Increasing your retirement savings with favourable long-term returns and capital development may be accomplished via the use of a self-managed superannuation fund (SMSF), which is an ideal approach to achieve your desired investment property goals.

The maximum amount of tax you will be required to pay on rental income is fifteen percent, and if your SMSF is provided while it is in the pension phase, you will not be required to pay any tax. This is one of the many tax advantages that come along with investing in real estate through an SMSF.

 

Other perks and advantages of investing in commercial property through an SMSF include the following:

  • Obtaining a level of control over your assets and superannuation that is only obtainable through the purchase of an investment property held within a super fund
  • Invest your SMSF in commercial property by purchasing it and renting it out.
  • achieving variety within your Self-Managed Superannuation Fund

When purchasing real estate with a Self-Managed Super Fund (SMSF), investors should keep their investment goals of consistent returns, future capital growth, and tax reduction at the forefront of their minds at all times. Therefore, when investing in real estate through an SMSF, the primary goal should be to maximise profits while still pursuing expansion.

Through Sentinel, SMSF investors in commercial real estate can take advantage of direct investment opportunities in a variety of high-quality commercial properties. These investments will provide investors with stable monthly returns, additional capital returns, and growth in capital, and the best part is that investors do not have to manage the properties themselves.

 

Don’t have enough savings in super?

If you are searching for a means to buy a residential property but your super fund does not have enough money, or if you do not want to go via an LRBA, there is another alternative that you may investigate. This option is known as a limited recourse borrowing arrangement (LRBA).

You could divide the amount you borrow between your primary residence and your retirement account if you had a Tenants in Common (TIC) arrangement.

For instance, if the price of the home you wish to purchase is $400,000, you might utilise a TIC to borrow $200,000 against the equity of your primary residence and spend $200,000 from your retirement savings account.

 

Property developers and SMSFs

In order to give advice on financial planning, real estate developers need to obtain a valid AFS licence. This includes providing guidance on the establishment of an SMSF.

It’s possible that property developers already have working relationships with the industry specialists they propose to their clients. As a result, they may be eligible for a referral fee or other rewards, which might reach several thousand dollars.

Avoid giving in to any pressure to make judgments on the purchase of real estate for an SMSF. In addition, be wary of aggressive sales practices such as holding a competition, offering free flights to sales meetings, or treating customers to free dinners.

If you are not well-versed in the local real estate market, you should exercise caution before investing there. Conduct your own investigation first.

 

What An SMSF Property Can Cost You

There might be a variety of fees associated with the selling of SMSF property. These costs might build up over time, which will result in a lower balance in your super account.

  • upfront fees
  • legal fees
  • advice fees
  • stamp duty
  • ongoing property management fees
  • bank fees

 

Be aware of groups of advisers demanding fees for their services and suggesting each other’s businesses. Therefore, it is critical to consult with unbiased third parties. In Australia, a licence to provide advise on self-managed super funds (SMSF) is known as an Australian financial services (AFS) licence. If a corporation or individual in question possesses an AFS licence, you will be able to determine this using ASIC Connect’s Professional Registers.

For further details, please see the investing in real estate.

 

SMSF Borrowing

You are subject to highly stringent borrowing terms when you borrow against your retirement savings or gear them up to invest in property. This kind of borrowing agreement is known as a “limited recourse borrowing arrangement.” A limited recourse borrowing agreement can only be used to finance the acquisition of a single asset, such as a single piece of real estate (either residential or commercial).

Before making the transaction, you need to determine whether or not the investment fits in with the fund’s investment strategy and risk profile.

Geared SMSF property risks include:

  • The interest rates and fees associated with SMSF property loans are often higher than those associated with traditional property loans.
  • Because your SMSF is required to repay any debts that it has taken out, having a steady flow of cash is crucial. Your fund must always have sufficient liquidity or cash flow in order to be able to fulfil its contractual obligation to make the necessary loan repayments.
  • It is difficult to cancel the arrangement since, if your SMSF property loan documentation and contract are not set up appropriately, you will not be able to get out of the agreement. As a result, it is possible that you may have to sell the home, which might result in significant losses for the SMSF.
  • Possible tax losses If you have taxable income from sources other than the fund, you won’t be able to deduct the amount of money you lost in taxes on the property.
  • Before the SMSF Property Loan Is Paid Off, Changes to the Property Are Prohibited in Any Way, Shape, or Form. You are not permitted to make any alterations to the property that would cause a significant change in its nature until the SMSF property loan has been paid in full.

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Guest post by : team Form -

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