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Borrowing by SMSFs to acquire real property - Is it worth all the trouble? paper

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Published on 29 Aug 13 by NATIONAL DIVISION, THE TAX INSTITUTE

Many superannuation savers are borrowing to purchase real property in their SMSFs. Although this strategy delivers advantages for some investors, it should not be forgotten that the necessary regulatory requirements to effectively implement it are extremely complex and there are a myriad of issues and traps that need to be very carefully considered. The focus of this paper is on giving practitioners the necessary tools to properly advise clients who may be contemplating this strategy. It covers:

  • implementing, maintaining and dismantling the structure – what are the prudential, tax and stamp duty issues?
  • overview of the finalised SMSFR 2012/1 and TA 2012/7
  • what are the advantages and disadvantages of this strategy?
  • issues when auditing an SMSF that has implemented this strategy
  • latest developments and strategies
  • case study – comparison of different strategies.

Author profiles

Chris Balalovski CTA
Chris has a career spanning more than 33 years and provides complex commercial as well as legal advice to a broad spectrum of high net wealth individuals and their associated entities. As a taxation and superannuation law specialist, Chris provides high-level accounting and taxation compliance services as well as strategic legal and commercial advice on matters including acquisition, holding and disposal of various assets, derivation of income and incurring of expenses. Chris is the Chairman of the Self-Managed Independent Superannuation Funds Association, which represents the interests of self-managed superannuation funds to Government and authorities. - Current at 25 June 2019
Click here to expand/collapse more articles by Chris Balalovski.
Simon Conolly
Simon is Manager Strategic Advice at Perpetual Private. - Current at 24 April 2014
Click here to expand/collapse more articles by Simon Conolly.

 

This was presented at National Superannuation Conference .

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Individual sessions

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Chasing tax within unit prices or credit rates

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Recent developments affecting contribution strategies and practices

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Large fund issues and the ATO

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SMSF regulatory update

Author(s):  Greg TANZER

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Living to age 120, the pensions dilemma and other defined benefit conundrums

Author(s):  Barry RAFE

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Author(s):  Craig DAY

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Tax issues in successor fund transfers

Author(s):  Ross Stephens

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Benefit payments

Author(s):  Philip BRODERICK

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SMSF issues and the ATO

Author(s):  Stuart FORSYTH

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Pensions: Exploring changes in the treatment of pensions presentation

Author(s):  Graeme COLLEY

Materials from this session:

Borrowing by SMSFs to acquire real property - is it worth all the trouble?

Author(s):  Chris Balalovski,  Simon Conolly

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Managing tax affairs:The duties of the super trustee

Author(s):  John EDSTEIN

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Small business CGT relief and related party transactions

Author(s):  Daniel BUTLER,  David Oon

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Tax considerations relevant to investments by super funds

Author(s):  Philip WITHEROW

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Indirect taxes

Author(s):  Zoe CHUNG,  Rachel O'Donnell

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