Business, Investor & SMSF Specialists. Working With The Numbers & Thinking Outside The Numbers
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1 Business, Investor & SMSF Specialists Working With The Numbers & Thinking Outside The Numbers
2 DISCLAIMER ONLY DOES NOT CONSTITUTE ADVICE CE DISCLAIMER TODAY S PRESENTATION PLEASE CONSULT A QUALIFIED PROFESSIONAL BEFORE TAKING ANY ACTION SE CONSULT A QUALIFIED PROFESSIONAL BEFORE TAKING ANY ACTION DOES NOT TAKE YOUR PERSONAL SITUATION INTO ACCOUNT
3 Our Crusade We are passionate about everyone maximising their retirement benefits and minimising administration along the way
4 PROSPERITY PLAN COMBINATION OF FACTORS GETS ULTIMATE RESULTS SHARES SHARES STRUCTURES STRUCTURES EMPLOYER CONTRIBUTIONS CONTRIBUTIONS SMSF INSURANCES INVESTMENT PROPERTIES INVESTMENT PROPERTIES TAX DEDUCTIONS TAX DEDUCTIONS
5 FUNDAMENTALS OF BARE TRUSTS WHAT ARE BARE TRUSTS? Mechanism that allows SMSF s to purchase properties with the aid of finance (that is, leverage) Property s title is legally held by Bare Trust until loan is fully repaid SMSF is still the beneficial owner (explained further later)
6 FUNDAMENTALS OF BARE TRUSTS CONTINUED WHAT ARE LOANS AVAILABLE FOR? Investment purposes only Refinances Loans secured by first mortgage only
7 FUNDAMENTALS OF BARE TRUSTS CONTINUED WHAT ARE LOANS NOT AVAILABLE FOR? Owner occupied property Renovations or repairs or improvements Increases Building Loans (that is, progress claims)
8 FUNDAMENTALS OF BARE TRUSTS CONTINUED KEY CONSIDERATIONS WITH LOANS The SMSF borrows the money and pays back the interest and/ or principal Loan can only purchase a single asset and any costs of acquisition Asset bought must be one that a SMSF can buy
9 FUNDAMENTALS OF BARE TRUSTS CONTINUED OTHER LOAN FACTS The loan is limited-recourse (that is, in default, lender can only sell the asset bought to meet any money owing) This type of finance will typically attract higher interest rates and have higher set up costs LVR s can now be up to 80% Lender may have postcode restrictions for allowable purchases Best to avoid any personal guarantees (may not be possible)
10 FUNDAMENTALS OF BARE TRUSTS CONTINUED. BARE TRUST KEY CONSIDERATIONS Asset bought held on trust for the SMSF whilst loan is repaid Needs a corporate trustee ALL members of the SMSF should be directors and shareholders This company should not trade either The trustee of the SMSF MUST be different to the trustee of the Bare Trust Should only play minimal role (that is, hold legal title only)
11 FUNDAMENTALS OF BARE TRUSTS CONTINUED BARE TRUST KEY CONSIDERATIONS cont ABC PTY LTD XYZ PTY LTD SMSF BARE TRUST
12 FUNDAMENTALS OF BARE TRUSTS CONTINUED BARE TRUST KEY CONSIDERATIONS cont No bank account No TFN No Tax Return Avoid the Bare Trust being active in any way at all costs No GST registration required if Bare Trust is not active
13 FUNDAMENTALS OF BARE TRUSTS CONTINUED WHO SIGNS CONTRACT TO PURCHASE? Each state has different requirements regarding who is noted on the purchase contract as well as Stamp Duty requirements for Bare Trust deeds at settlement It is the trustee of the Bare Trust who buys the property legally Please complete purchase contracts with care
14 FUNDAMENTALS OF BARE TRUSTS CONTINUED AVOIDING DOUBLE STAMP DUTY If name of purchase on contract INFORMATION is noted ONLY correctly AND the Bare Trust deed is used and signed and stamped correctly THERE SHOULD BE NO MORE Stamp Duty charged when legal title of property passes to SMSF (that is, when the loan is fully repaid) NOR SHOULD THERE BE Any Capital Gains Tax when legal title of property passes to SMSF (reinforces the need for Bare Trusts not to be active) Appropriate legal advice sought for review of SMSF Deed, Bare Trust Deed & signed contract, stamping Bare Trust Deed & settling property (with appropriate searches, etc.)
15 FUNDAMENTALS OF BARE TRUSTS CONTINUED LEASE AGREEMENTS Bare Trust should be named on the lease Property agent should pay the rent direct to the SMSF Our preference is for monthly rental statements Have the agent pay as many running costs as possible (for example; council rates, water rates, insurance, repairs, etc.)
16 FUNDAMENTALS OF BARE TRUSTS CONTINUED INSURANCE Requirements of insurers may vary If insurer requires the policy in name of Bare Trust, the policy should record that the SMSF has a beneficial interest in the property All premiums should by paid by the SMSF Policy should also note the lender s interest too
17 SUMMARY OF PROCESS TO PURCHASE A PROPERTY IN A SELF MANAGED SUPER FUND 1. Obtain pre-approval INFORMATION for the loan ONLY from a financier (if possible, if not get an indicative approval), to ensure that your loan and rollovers give you enough funds to buy the property (including associated setup costs, stamp duty and lender s costs) 2. If you do not have a SMSF, set up a SMSF (ensure it has the power to borrow and buy a property) allow 1 to 2 weeks 3. If a new SMSF is established, arrange to rollover your current super into your new fund s bank account (being careful not to rollover your funds fully without having the appropriate insurances in place first in your new SMSF) 4. If you have an existing SMSF, check the deed (to ensure the fund can borrow and buy property)
18 SUMMARY OF PROCESS TO PURCHASE A PROPERTY IN A SELF MANAGED SUPER FUND 5. If the deed does not INFORMATION allow for this, ONLY get it amended 6. The fund must review the Investment Strategy to ensure that it caters for a property purchase 7. Amend the Investment Strategy, if required 8. The Bare Trust and Corporate Trustee are established allow 1 to 2 weeks 9. Find a suitable property and sign the contract, paying the relevant deposit from the fund s bank account (after you have banked the relevant rollover(s)) 10. Send the signed SMSF Deed, signed Bare Trust Deed and copy of the purchase contract to a solicitor for thorough review and to commence settlement process
19 SUMMARY OF PROCESS TO PURCHASE A PROPERTY IN A SELF MANAGED SUPER FUND 11. Provide additional INFORMATION documents required ONLY by lender to obtain finance 12. At settlement: - Loan advanced by financier - Balance of funds provided from Fund s bank account - Bare Trust Deed should be stamped (ensure it is stamped ASAP after deed is setup and signed, prior to settlement and after contract is signed - is preferred) - Mortgage of property is registered - Property will be rented out (after settlement)
20 SUPERIOR ACCOUNTING GROUP PO Box 922, Mount Eliza VIC Mereweather Ave Frankston, VIC Phone: (03) Fax: (03) facebook.com/sagroup.accountants
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