Buying property in an SMSF Q&As: Part 1
Holding real property in an SMSF is a popular strategy, but the rules can be confusing. We answer some common questions from our readers.
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Self-managed super funds (SMSFs) are the only type of super fund that is allowed to invest directly in residential and non-residential (commercial/business) property, provided this is consistent with the fund’s investment strategy.
An SMSF borrowing to purchase property must do so via a limited recourse borrowing arrangement (LRBA). The property is then placed in a separate trust and the other assets are protected if the fund subsequently defaults on making the property loan repayments.
When an SMSF sells a property, capital gains tax (CGT) is payable. The capital gain is added to the fund’s assessable income. There is a 33% CGT discount if the property is owned by the fund for longer than a year.
Holding real property in an SMSF is a popular strategy, but the rules can be confusing. We answer some common questions from our readers.
It’s a common question which is generally answered with a firm no, but there are exceptions to the rule.
How can we structure/split our fund between pension and accumulation phase so I can draw rent as pension for me?
Property investment is popular with SMSFs, so it’s important to know what your fund can and can’t claim as investment property tax deductions if you want to stay on the right side of the ATO.
When we’re looking at joint ownership of property, there are a few things that we need to consider. There are really two quite distinct ways that direct property interest can be held when there’s multiple owners.
The ability to borrow to invest gives SMSF trustees additional flexibility when choosing investment assets, but it’s not open slather. Strict rules apply.
If you are thinking about using your SMSF for a property development it pays to understand the ATO rules. Failure to do so could be costly.
Can an overseas house be part of a SMSF? It is not rented out, but it is still an investment property to be sold later to help us with superannuation income later.
The third article in our SMSFs and Property series looks at the all-important compliance requirements and considerations for SMSFs that own direct property.
In Part 2 of our series on SMSFs and property investment, we look at the pros and cons of holding business property in your fund.
We have a real estate property in our SMSF that is rented out and passes the sole purpose test. Our fund is only two members, my wife and I. When we retire, does an asset like this need to be liquidated, or could the members take possession of the property?
One of the attractions of SMSFs is their ability to invest in real property, and there are many ways trustees can go about it.
Remember that it is not an asset that you own. It’s owned by the trust. Even if you’re a beneficiary of the family trust, the trustee can give you income, it can assign you income, but you don’t own the assets.
The ability to invest in real property is one of the attractions of SMSFs, but it’s tightly regulated.
Rising property prices have seen more SMSFs move into property development, but strict rules apply.
With an SMSF you can buy the property used by your business to become your own landlord. But how do you ensure you stay on the right side of the tax man?
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