All Topics / Legal & Accounting / Repairs to IP owned by SMSF

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  • Profile photo of TheEducatedEelTheEducatedEel
    Member
    @theeducatedeel
    Join Date: 2014
    Post Count: 1

    Hi,

    In the process of negotiating a purchase of a residential property for our SMSF. The property will need some minor repairs (paint, tiling, etc). Just reading the ATO guideline in SMSFR2012/1 and trying to understand if it's permissible to make such repairs prior to renting the property…..or should the repairs be made after it has been let for a period of time.  Any advice/assistance is appreciated.

    Thanks.

    Profile photo of Tony Hoffman Chartered AccountantTony Hoffman Chartered Accountant
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    @tony-hoffman-chartered-accountant
    Join Date: 2014
    Post Count: 4

    That ruling you talk about is where borrowing is used by your smsf to purchase a property (via a limited recourse borrowing arrangement).  The ruling covers whether your smsf can undertake further borrowing for "repairs" where the property is subject to an existing borrowing arrangement. If the repairs are minor, I would expect the smsf can use cash for the repairs and would not normally need to undertake further borrowing to fund the repairs. I think your question is whether or not the repairs are deductible? In that regard, repairs are normally only deductible where incurred via wear and tear due to the physical renting of the property (eg wear and tear by the tenant). If there defects existing at time of purchase, the costs of fixing these will normally be regarded by the ato as "initial repairs" and hence will not be deductible. Initial repairs may qualify for a capital allowance (depreciation) claim under Division 43 (or possibly Division 40) depending on there character. 

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Tony has nailed the legislation correctly.

    We do a number of SMSF loans and it is a question that our SMSF client ask regularly.

    The legislation refers to changing the description of the asset and minor repairs that are paid for by cash reserves in the SMSF should be fine.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

    Profile photo of Amy WhiteAmy White
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    @amy-white
    Join Date: 2013
    Post Count: 13

    Does anyone know if an extension would be ok?

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

    It could be, depending on the circumstanes.

    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 Tony Hoffman Chartered AccountantTony Hoffman Chartered Accountant
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    @tony-hoffman-chartered-accountant
    Join Date: 2014
    Post Count: 4

    Hi Amy… It could be ok but certainly the SMSF cannot use further borrowings to make Improvements to any property subject to a limited recourse borrowing arrangement (ie a Smsf property subject to a borrowing). also, you need to ensure that the improvement does not change the character or nature of the property… Eg you cannot subdivide or change from residential to commercial etc.

    Profile photo of RedwoodRedwood
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    @redwood
    Join Date: 2013
    Post Count: 340

    Hi Amy, using a borrowing, its a strong NO.

    Cheers, Ivan

    Redwood | REDWOOD | SMSF | PROPERTY | FINANCE
    http://redwoodadvisory.com.au
    Email Me | Phone Me

    SMSF - PROPERTY INVESTMENT - WEALTH CREATION AND FINANCE SOLUTIONS

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