All Topics / Creative Investing / How to invest in property via SMSF?

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  • Profile photo of mikejmikej
    Member
    @mikej
    Join Date: 2007
    Post Count: 2

    Hello
    We all know a Super fund can't borow to invest, but I have heard that there are other legal ways to achieve the same result?
    I am searching for an accountant who knows what is this legal way and how to set it
    I have come across a Structured product which claims they can do this and have ATO ruling
    Although that might be true it locks one in their selected property and also it is only offered at higher level

    Can anybody have a look at this and advice if they can structure similar for an individual 

     http://www.quantumwarrants.com.au/howitworks.php?content=quantum

    Any help appreciated
    Please emial me if you can help
    Thanks
    Mike

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi Mike

    It seems that this system will be hard to replicate yourself on a small scale. It is that company which provides the loan, and an asscoiate company acts as trustee (legal owner) for the property until it is transferred at the end. There is another company that manages the property. I have never actually seen a non recourse loan myself. I have heard about them on larger projects, but have never heard of anyone offering one on smaller loans. This would probably be the hardest part in setting it up – though I am not sure if the non-recourse nature is essential for this.

    I have seen people buy property in a unit trust and then have some units in the unit trust owned by their SMFF, but am not sure if this is still allowable.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of mikejmikej
    Member
    @mikej
    Join Date: 2007
    Post Count: 2

    The Non Resourse feature is not required however Is it legal to
    "do the buy property in a unit trust and then have some units in the unit trust owned by their SMFF"
    Thats is teh question I have
    Mike

    Profile photo of gafamagafama
    Member
    @gafama
    Join Date: 2004
    Post Count: 118

    I believe it can be done through a JV agreement and had some advise from a lawyer recommended by my accountant re this which all seemed to make sense.  JV agreements need to be set up so it does cost to do this.  I can give you the details if you want to email me.

    REgards

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