Yes. Clients of ESUPERFUND are permitted to invest in Australian Residential Property where the SMSF borrows to SMSF the Property Purchase. For more on purchasing Residential Property in your SMSF with borrowings click here.

Yes. To simplify the Loan Application process all clients of ESUPERFUND who wish to borrow to invest in Residential Property for their SMSF are required to use the St George SMSF Loan Product. This ensures that ESUPERFUND can continue to offer its annual compliance services at a cost significantly below market.

The St George SMSF Residential Loan Interest Rates and Fees can be found here. While ESUPERFUND will constantly review the St George SMSF Loan Interest Rate and Fees and update our website accordingly, you should always confirm the Interest Rate and Fees by reviewing the St George website or by contacting St George directly. It is important to understand that the Interest Rates charged by Banks on SMSF Loans are typically 1% -2% above the Standard Variable Loan for Non SMSF Loans. This is due to the extra risk that these loans carry given that they are non-recourse in nature. For example The Commonwealth Bank, ANZ Bank and Westpac Bank have a Standard Variable Rate for their SMSF Loan Product of 8% - 9% per annum, which is up to 1% - 1.50% per annum higher than their Standard Variable Rate Non SMSF Loan Product. The St George Standard Variable Rate however is in line with their Non SMSF Loan Product, which is a major factor they are currently our preferred Lender.

The current Maximum Loan to Value Ratio on the St George SMSF Loan Product is as follows:

-Where your SMSF Trustees are Individuals: 72% of the Property Value.
-Where your SMSF Trustee is a Company: 80% of the Property Value.

Accordingly where you require a higher Lending Ratio of up to 80%, you will need to ensure that your SMSF Trustee is a Company. If you currently have Individual Trustees it is possible to appoint a new Company Trustee for your SMSF.

Yes. Clients of ESUPERFUND are permitted to invest in Australian Commercial Property where the SMSF borrows to fund the Property Purchase. For more on purchasing Commercial Property in your SMSF with borrowings click here.

Yes. To simplify the Loan Application process all clients of ESUPERFUND who wish to borrow to invest in Commercial Property for their SMSF are required to use the Westpac SMSF Loan Product. The choice is totally yours. This ensures that ESUPERFUND can continue to offer its annual compliance services at a cost significantly below market.

The Westpac SMSF Commercial Loan Interest Rates and Fees can be found here. While ESUPERFUND will constantly review these Rates and Fees and update our website accordingly, you should always confirm the Interest Rate and Fees by reviewing the Westpac website or by contacting the Lender directly.

Westpac will lend 58.50% of the Commercial Property value whether your SMSF Trustees are Individuals and 65% of the Commercial Property value whether your SMSF Trustee is a Company.

When acquiring Residential or Commercial Property with borrowings, the Property being acquired must be purchased using a Security Custodian Trust. This Structure is also commonly referred to an Instalment Warrant Trust or Bare Trust. When you apply for a Loan with ESUPERFUND, we will arrange for the preparation of all the required documentation to establish the Security Custodian Trust. It is important to understand that the Trustee of the Security Custodian Trust must be a Company. If you have a Company as your SMSF Trustee this Company cannot be used as the Security Custodian Trustee. The Company must be a completely separate Company. Further information on this Structure can be found in our Loan Theory section here.

Yes. A separate Security Custodian Trust must be established for each Property that is acquired using borrowings. You cannot buy multiple properties with borrowings using the same Security Custodian Trust structure. Importantly however you are permitted to use the same Security Custodian Trustee Company to act as the trustee for each Security Custodian Trust. This saves you the cost of establishing multiple Companies.

When acquiring Residential or Commercial Property using a Loan, the Property must be purchased in the name of the Security Custodian Trustee Company. The following is noted:

-The Property must be purchased in the name of the Security Custodian Trustee Company.
-All Directors of the Security Custodian Trustee Company must sign the Purchase Contract.
-It is recommended that the Purchase Contract be signed "subject to finance".
-You must not put the name of your SMSF on the Purchase Contract.

Example:

If the Security Custodian Trustee Company Name is Smith Pty Ltd then the purchaser on your Purchase Contract will be: Smith Pty Ltd. Neither the Trustees of your SMSF or the SMSF itself should be named on the Purchase Contract when borrowing to purchase Property in your SMSF.

No. At this time clients can only borrow to purchase Property that has already been constructed. Clients cannot borrow to purchase Vacant Land.

It may be possible to borrow for an Off the Plan purchase where the construction will be completed at a later date. In this case you can use cash from your SMSF ANZ V2 Plus Bank Account to fund the deposit and once constructed the Lender will provide the balance of the purchase price. It is strongly recommended that you seek "Preapproval" before placing a deposit on the Property to ensure that the Lender will lend for the purchase.

No. At this time clients can only borrow to purchase Property that has already been constructed. Clients cannot borrow to subdivide Property.

No. Lenders Mortgage Insurance is not payable.

The Loan Process is provided in detail here.

Clients of ESUPERFUND who purchase Residential Property using borrowings must use the St George SMSF Loan Product. Clients of ESUPERFUND who purchase Commercial Property using borrowings must use the Westpac SMSF Loan Product. Whilst your Trust Deed allows you to use other Lenders, unfortunately ESUPERFUND will be unable to continue acting as the accountant for your SMSF if you use another Lender other than the nominated Lenders.

Yes. Clients of ESUPERFUND are permitted to invest in Residential Property where the SMSF does not borrow to purchase the Property. This includes investing in Residential Vacant Land. For more on purchasing Property in your SMSF with no borrowings click here.

Yes. Clients of ESUPERFUND are permitted to invest in Commercial Property where the SMSF does not borrow to purchase the Property. This includes investing in Commercial Vacant Land. For more on purchasing Commercial Property in your SMSF with no borrowings click here.

When acquiring Residential or Commercial Property with no borrowing, the Property must be purchased in the name of your SMSF. The following is noted:

-The Property must be purchased in the name of the Trustees as Trustee for the SMSF.
-All Directors of the Trustee Company or Individual Trustees must sign the Purchase Contract.
-It is recommended that the Purchase Contract be signed "subject to finance".

Example1:

If your SMSF has Individual Trustees (eg Barney Spot and Buffy Spot) and the SMSF Name is Spotty Superannuation Fund then the purchaser on the Purchase Contract will be: Barney Spot and Buffy Spot as trustee for the Spotty Superannuation Fund. All Trustees of the SMSF must sign the Purchase Contract.

Example 2:

If your SMSF has a Company Trustee (eg Spotty Pty Ltd) and the SMSF Name is Spotty Superannuation Fund then the purchaser on the Purchase Contract will be: Spotty Pty Ltd as trustee for the Spotty Superannuation Fund. All Directors of the Company Trustee must sign the Purchase Contract.

No. Clients of ESUPERFUND are not allowed to invest in overseas property. The rationale for disallowing overseas property investments is that overseas countries in most instances will not recognise the SMSF as the purchaser of the property. This means that the property is invariably purchased by clients in their personal names with SMSF monies. This is tantamount to a super withdrawal and using the monies to acquire the asset in the Trustees personal name. The ATO would not accept that the owner of the asset is the SMSF in this case and where the monies accessed were preserved, the SMSF would be severely penalised for illegal access of super benefits. Other reasons for disallowing overseas property is the difficulty in ascertaining who is tenanting the property as well as the additional complexity in converting rent and expenses from the overseas currency to Australian currency. This added level of complexity is outside the scope of our low cost model offering.

The Rent from the Property Investment must be banked into the ANZ V2 Plus Bank Account established for your SMSF by ESUPERFUND.

The Expenses for the Property Investment must be paid from the ANZ V2 Plus Bank Account established for your SMSF by ESUPERFUND.

No. There are no additional compliance fees payable to ESUPERFUND by clients who invest in Residential or Commercial Property with their SMSF whether they borrow or not. Our annual fee remains at $699 per annum. This is unprecedented in the marketplace who will charge additional fees upwards of $1,000 for clients who invest in Property in their SMSF.

Data for SMSF Loans will be electronically accessible by ESUPERFUND alleviating you of the responsibility of maintaining these records at financial year end. Additional information such as Rental Income and Expenses will be tracked by ESUPERFUND through the ANZ V2 Plus Account where all Income will be banked and expenses paid in relation to the Property. Where additional information is required (such as the Property Purchase Contract) we will request this from you as part of the annual Checklist Process.

Yes. Clients who have acquired a Residential or Commercial Property in their SMSF, particularly newer properties, are able to legally claim depreciable items including carpets, furniture, fittings and so on. To maximize the depreciation tax claim it is advisable, but not compulsory, that you engage a Quantity Surveyor to prepare a Tax Depreciation Schedule for your SMSF relating to the Property Purchase. A Tax Depreciation Schedule is simply a document that lists all the Properties Depreciable Items, their effective life and the dollar value you can claim against your SMSF Income. For example for a newer property, depreciation claims may be in the thousands of dollars annually. So for example if your annual depreciation claim was $5,000 you will save $750 in tax annually (ie $5,000 x 15%).

No. This is illegal. A SMSF cannot transfer (or sell) an asset owned by a Member (or an associate of a Member including family members by blood or marriage or entities controlled by the Member) to the SMSF unless the transfer is specifically allowed by legislation. Residential Property is not specifically allowed to be transferred by legislation.

Yes. A SMSF cannot transfer an asset owned by a Member (or an associate of a Member including family members by blood or marriage or entities controlled by the Member) to the SMSF unless the transfer is specifically allowed by legislation. Business Real Property (ie property that is used wholly and exclusively in one or more businesses such as Commercial Property) is specifically allowed to be transferred from a Member (or an associate of a Member including family members by blood or marriage or entities controlled by the Member) to a SMSF at market value. However you will need to consider Capital Gains Tax and Stamp Duty Implications prior to making this transfer. See here for more.

No. It is expressly forbidden for a SMSF to invest in the Family Home of a Member (or an associate of a Member including family members by blood or marriage or entities controlled by the Member) irrespective of whether commercial rental is paid.

No. It is expressly forbidden for a SMSF to invest in a Holiday Home used periodically by a Member (or an associate of a Member including family members by blood or marriage or entities controlled by the Member) irrespective of whether commercial rental is paid.

Residential Property acquired by a SMSF must be rented out to third parties unrelated to you. This means you cannot rent a property to family including parents, siblings, children or your spouse. You can however rent the property out to unrelated friends. Commercial Property acquired by a SMSF (ie Property that is used wholly and exclusively in one or more businesses) can be rented out to any party including to you or an entity associated to you to the extent that commercial rental is paid.

Yes. There is no specific prohibition to investing 100% of your super monies in one asset class such as Property. Where such a strategy is adopted, you should clearly define why this is an appropriate strategy for your SMSF and how it conforms to the SMSF Investment Strategy. It is important to remember that risk and diversification are important considerations when implementing your SMSF Investment Strategy. A "one asset" strategy may be considered as increasing your SMSFs Risk Profile and may not be adequately diversified to mitigate Investment Risk. So while this strategy is not specifically prohibited you must carefully detail why it is appropriate for your SMSF, if it is adopted. Importantly an Investment Minute detailing the rationale for the investment and how it conforms with the SMSF Investment Strategy should be executed. Always! A Standard Investment Minute can be found here.