The high cost of living coupled with the state of our economy means that Australians do not have readily accessible funds to invest in real estate. Consequently, many individuals and businesses are turning to Self-Managed Super Funds (SMSF) as a means of assisting them with residential and commercial property purchases.
Purchasing property as an investment through a SMSF has many key advantages.
It gives you the opportunity to secure an asset upon your prospective retirement, by providing the means to allow you to purchase your dream home, whilst generating an income for your future.
SMSF property investments also provide you with the potential to maximise your overall wealth through lower tax rate incentives (by earning you 100% of any rental income generated by the property upon retirement).
Utilising your SMSF as an investment tool is, however, a highly complex exercise which requires astute legal knowledge in the areas of superannuation, conveyancing, banking, trusts and stamp duty.
Organising SMSF loans to purchase a commercial property, or to sell a residential property through a SMSF can prove problematic for those with little or no understanding of legislative and statutory requirements.
Legal advice and guidance is important to ensure that superannuation laws aren’t breached, and that significant tax penalties and/or civil and criminal consequences are averted. This is where a qualified and experienced SMSF lawyer comes in.
The highly skilled solicitors, commercial lease lawyers, and paralegal staff at Just Conveyancing Sydney have over 30 years’ experience in all aspects of property law, including SMSF borrowing transactions.
Our expert legal team can advise you on:
- Your eligibility to purchase and ability to sell through a SMSF.
- The legalities associated with SMSF borrowing (including refinancing an existing loan).
- How to purchase a residential or commercial investment property through a SMSF.
- The legalities associated with purchasing and selling a residential and/or commercial investment property through a SMSF (including how to transfer business real estate held in your personal name into your SMSF to ensure you pay minimal duty on the transfer, and how to protect your family’s inheritance through a SMSF Will).
At Just Conveyancing Sydney, we've successfully helped many clients with their Self-managed Super Fund property investment. We work with our clients in a collaborative fashion and make every effort to communicate on a regular basis, whilst keeping you informed every step of the way.
Our devoted legal practitioners are known for their professional integrity and transparent practice.
We recognise that every client’s situation is unique and are highly dedicated to working with each client on an individualised basis, tailoring our services to suit each client’s needs.
You don’t need to worry about any nasty surprises when it comes to your legal costs either; we promise to provide full disclosure of all legal related expenses and offer competitive fixed rates.
If you would like more information on SMSF matters and property transactions, contact our friendly team at Just Conveyancing Sydney today on 02 8318 0778.
Self-Managed Super Fund Property Investment FAQs
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Q.
Why do I need a lawyer to assist with a property purchase through my SMSF?
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A.
The property lawyers at Just Conveyancing have experience in this process as it differs to an ordinary transaction and can ensure everything has been done correctly in order to save you from any future issues which may arise.
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Q.
What are the differences between purchasing property through a SMSF instead of an ordinary house purchase?
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A.
There are limitations around purchasing your property using your superannuation as the property needs to be used purely for investment purposes. During our initial consultation, our licensed conveyancers will guide you on what you can and can't do throughout this process.