SMSF compliance

Set out below are all SuperGuide articles explaining SMSF compliance.

Liberals to ban anti-detriment payments from July 2017

On 3 May 2016 (2016 Federal Budget), the Coalition government announced that it intends to abolish the anti-detriment provisions from July 2017, assuming of course that the Coalition wins the July 2016 Federal Election.From 1 July 2017, a super fund will not be able to pay a refund of a member’s … [Read more...]

Government’s green light on SMSF borrowing, with conditions

On 20 October 2015, the Liberal government confirmed that SMSF borrowing, through the use of limited recourse borrowing arrangements, continues to remain a legitimate financing option for SMSFs. Note that in April 2016 however, the ATO released guidelines flagging the expected demise of LRBAs … [Read more...]

SMSF investment: Borrowing to invest can be the means, not the end

As a property and share investor for nearly 30 years, I believe the use of borrowing can be a legitimate means to purchase assets, but gearing is not an investment in itself: it is simply a means to invest with associated costs and extra risk.Over the years, I have spoken to thousands of … [Read more...]

SMSF borrowing: Investing in property (what’s OK and NOT OK)

If you run a self-managed superannuation fund, you can invest in all types of real property, including residential property, commercial property, industrial property and even a farm (under certain circumstances).Before September 2007, the capacity to use borrowed money to purchase an SMSF asset, … [Read more...]

SMSF borrowing: Fix related party LRBAs by 30 June 2016, or risk 47% tax

Note: This article deals specifically with SMSF limited recourse borrowing arrangements (LRBAs) financed by related parties, rather than financial organisations. If you’re seeking general information on SMSF borrowing and LRBAs, see SuperGuide articles SMSF investment: Borrowing to invest is a … [Read more...]

SMSFs and joint property purchases need expert advice

Q: A SMSF purchases a property in joint names – between the two trustees as joint tenants and the SMSF (tenants in common). The conveyancing document says the title statements show the ownership as 60% SMSF and the Trustees 40 % . However the trustees have used 79% of the SMSF funds to purchase the … [Read more...]

SMSF investment: Can my DIY super fund invest in direct property?

Q: I am interested in setting up a self-managed fund. I would like to know more about the rules for purchasing property in a super fund, and whether it is possible to use borrowings to do so.A: A self-managed (DIY) super fund can invest in all types of property, including residential, … [Read more...]

SMSF investment: Trading shares is OK

Q: How often or by what criteria can you buy and sell listed shares to obtain a financial gain without being classed as a trader? I understand the trader/investor criteria outside the fund and the tax treatment but is it any different inside the fund? Is there a problem if shares are bought and sold … [Read more...]

SMSF investment: Can we sell fund assets to members?

Q: We understand that SMSFs cannot purchase property from members. What we want to know is whether members can purchase property owned by the SMSF, providing fair market valuation is paid for this? Does the valuation need to be established through a valuation, or is an appraisal sufficient? Our SMSF … [Read more...]

SMSF investment: Purchasing overseas property

Q: Since we can now use super to purchase real estate, is this also true for property in the United States? Can you provide me with some guidance on how I could find out the process and correct entities to establish in order to do this? Thanks.A: Before I answer your question, I need to clarify … [Read more...]