SMSF Loan
The SMSF Property Loan is a loan product which provides self-managed super funds the flexibility to borrow in order to purchase residential investment property, giving direct exposure to real property assets. A key reason people may elect to manage their own superannuation is the flexibility to choose where their money is invested. The Superannuation Industry (Supervision) Act 1993 (SIS Act) allows SMSFs to borrow money to purchase residential investment property
It’s recommended that you seek independent legal, taxation and financial advice to ensure it is appropriate for your SMSF to borrow money and purchase an investment property. Once you have received this advice, you can begin establishing the trust structures required for the loan, ensuring you comply with the relevant superannuation laws. The loan would then need to be taken out by the SMSF trustee.
All SMSF investments are made in the name of the fund and are controlled by the trustees. As a trust, an SMSF requires a trustee. There are two trustee structure options:
Corporate trustee – a company acts as the trustee and each member is a director. This structure allows simpler recording and registering of assets, providing administration eiciencies and flexibility in membership. Company establishment and ongoing fees are applicable with this structure.
Individual trustee – each member is appointed as a trustee, with a minimum of two trustees required.
In addition you will also need to set up a separate holding trust (also called Bare Trust), which will be the legal owner of the property, and the holding trust trustee . To purchase the property, the SMSF can use the fund it has available in cash and borrow the remaining funds plus other associated costs, using the investment property as security for the loan.
The holding trust becomes the legal owner of the property, while the SMSF is the beneficial owner and receives the rental income. The rent (and/or other income from the SMSF, such as investment income and super contributions) can be used by the SMSF trustee to make the loan repayments.
It’s important to note that the loan is a limited recourse loan. In the event of a default, the lender has recourse to the property security and any additional security provided by the guarantors. The Lender will not have recourse to any other assets held in your SMSF. Once the loan is repaid the legal ownership of the property may be transferred to your SMSF.
We want to make sure we take the hassle out of the whole SMSF Property loan process.
Here are the 15 main steps to loan process. The main dierence between SMSF Property loan and other loans are that SMSF Property loan is assessed based on your SMSF income, which is your Superannuation Contribution, Property Rental Income and Other Forms of Incomes that your SMSF generates.
The next step is complete our Factfinder, in which we will complete various information about you such as:
- Income
- Employment
- Credit history
- Assets
- Liabilities
- Future Plan
- Expenses
- Others
We will request you to provide some or all of the following documents to confirm information provided in the Factfinder:
- Payslips
- PAYG Summary
- Bank Statements
- Loan Statements
- Evidence of Savings
- Purchase Contract (not required for pre-approval)
- Driver Licence
- Passport
All lenders require you to have building insurance prior to settlement. Mortgage Empire Loan Expert will advise you the amount for which you will need to insure the property.
Home insurance is not required, if you are only purchasing vacant land.
You should organise for funds that you need to contribute at least 2-3 days prior to the settlement day. You should discuss with your solicitor or conveyancer about this.
Generally, a day of the settlement, your solicitor or conveyancer will provide you with Settlement Advice Statement, which will outline the exact amount that you are required to contribute and method of payment like bank cheques or PEXA account deposit.