Can my SMSF loan money to me or my business? (2024)

Kris Kitto

Can my SMSF loan money to me or my business? (1)

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  • Can my SMSF lend me money?
  • Can my SMSF loan money to my business?
  • SuperGuide is the super toolkit for your SMSF

Can my SMSF lend me money?

No. Your SMSF cannot lend you or any of your relatives money. Making this type of loan must be avoided: it’s not a way of legally accessing super early via an SMSF.

Section 65 of the SIS Act prohibits superannuation funds, including SMSFs, from providing financial assistance to members or their relatives.

The trustee or an investment manager of a regulated superannuation fund (SMSF) must not:

  • lend money of the fund to:
    • a member of the fund; or
    • a relative of a member of the fund; or
  • give any other financial assistance using the resources of the fund to:
    • a member of the fund; or
    • a relative of a member of the fund.

Breaching this provision could lead to an administrative penalty of 60 units ($12,600 per trustee) as well as disqualification from being a trustee of an SMSF and/or civil and criminal penalties.

Can my SMSF loan money to my business?

In general, loans to a business operated by members of an SMSF is prohibited and can result in the following administrative fines:

  • Lending to members and relatives – 60 penalty units
  • In-house assets – 60 penalty units

As at 1 January 2023 a penalty unit is $275, therefore each breach is $16,500 per trustee and penalties must be paid by the trustee personally (or on behalf of the corporate trustee) and not paid by the SMSF.

The ATO has more information on how they deal with non-complianceon their website.

There are however certain loans to a related party business that can be made under strict conditions that will not breach these tight rules provided they are correctly put in place. Having your SMSF make a small loan to your business may be a way of legally accessing super early via an SMSF.

The key restrictions are:

  • The loan is made to a company or a trust with a corporate trustee (not to a sole trader business or partnership)
  • The amount of the loan is less than 5% of total fund assets (based on market value)
  • The loan is on arms-length commercial terms
  • The loan is allowable under the trust deed of the SMSF and is included as part of the investment strategy of the SMSF
  • The loan does not breach the sole purpose test

In many cases, a loan of less than 5% of the assets of the SMSF may not be a significant amount. For an SMSF with a $1 million balance, this only equates to $50,000 which may not be enough for a business owner to survive through an extended business disruption.

One key risk with a 5% loan is what happens when the market value of assets of the SMSF drop, and the loan increases to greater than 5% of the assets of the fund. Where the value of the loan to the related party (i.e. the in-house asset) exceeds 5% of the assets of the fund at the end of the financial year, the trustee(s) of the SMSF must put in place a written plan to rectify the excess by the end of the next financial year.

For example if a loan is made of $50,000 in April 2020 (based on market value of total SMSF assets of $1 million) however the value of all assets drops to $900,000 as at 30 June 2020, before 30 June 2021 the trustees must reduce the loan amount to under 5% again – i.e. the $50,000 would need to be reduced to less than $45,000 to prevent the investment being considered an in-house asset.

Interestingly, based on our research and interpretation ‘total assets’ of an SMSF does not include an loan under a limited recourse borrowing arrangement (LRBA), so an SMSF with a $1 million commercial property with a $600,000 loan outstanding would have total assets of $1 million, not $400,000 as the net asset amount.

In addition to the 5% limit for a loan from an SMSF to a related party, another key aspect that must be complied with is ensuring the loan is at arms-length – i.e. the same rates, repayments and security as a loan from an unrelated lender. It is the responsibility of the trustee to be able to prove to the independent auditor of the fund as well as (potentially) the ATO as regulator that the loan is on arms-length commercial terms.

Different types of loans will have different characteristics and applicable interest rates. For example an unsecured loan for working capital purposes will attract a higher interest rate compared to a loan secured against real property or tangible business assets such as equipment or vehicles.

Ensure the loan agreement, loan schedule and ancillary documents such as mortgages and registered charges are all correctly documented and executed. Wherever possible automatic monthly principal and interest repayments should be set up from the business to the SMSF bank account the same as a loan from a third party lender would be.

In addition, the loan must be allowable under the SMSF trust deed, as well as included as part of the investment strategy of the fund meaning both of these documents need to be reviewed and updated where necessary.

The sole purpose test is also important.Essentially, the sole purpose for an SMSF is to pay retirement or death benefits to members or member beneficiaries of the fund. If a loan is being made to a related party company or trust, and then that money is subsequently paid out to the members of the SMSF or used to benefit them directly in anyway, the sole purpose test is likely breached and the trustee(s) may face significant penalties and compliance action from the ATO.

Kris Kitto is the Founder ofGrow SMSF

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Learn more about accessing super in the following SuperGuide articles:

Accessing super: Reaching preservation age and retiring

Accessing super: Ceasing employment after 60

Accessing super: Reaching age 65

How a transition-to-retirement pension works

When can I access my super? All conditions of release explained

What age can I access my super (Preservation Age)?

Related topics

SMSF compliance SMSF Q and As SMSFs

IMPORTANT: All information on SuperGuide is general in nature only and does not take into account your personal objectives, financial situation or needs. You should consider whether any information on SuperGuide is appropriate to you before acting on it. If SuperGuide refers to a financial product you should obtain the relevant product disclosure statement (PDS) or seek personal financial advice before making any investment decisions.Comments provided by readers that may include information relating to tax, superannuation or other rules cannot be relied upon as advice. SuperGuide does not verify the information provided within comments from readers. Learn more

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Can my SMSF loan money to me or my business? (2024)

FAQs

Can you loan your SMSF money? ›

Another key rule is that the SMSF trustee must believe that the loan will improve the financial position of the fund. This means that the trustee cannot simply lend money to a friend or family member without a good reason, and lending money must be a part of the SMSFs investment strategy.

How much can I borrow with my self managed super fund? ›

How much can I borrow within my SMSF? Typically, the maximum amount lender will allow you borrow within an SMSF is 80% of the property's value. Also bear in mind that there are additional costs including fees for establishing and maintaining your SMSF, plus fees to purchase an investment property.

What can't you do with SMSF? ›

Assets cannot be purchased by an SMSF from its members (or a related party), even if done so at market value. This includes residential properties. The exception to this rule is listed shares, managed funds and commercial property. There is to be NO personal use of SMSF assets by its members or anyone related to them.

What is the SMSF lending policy? ›

The lender provides the Fund for a partial payment of the property and also pays all the relevant fees. The SMSF will borrow to settle the balance. Where a bigger deposit is paid by the SMSF on the investment property, the bank may not ask for security from the Trustees.

Can I use my super to pay a loan? ›

You can use super to pay off a loan, provided you are eligible to access your super. Whether you are using your super to pay off a home loan, investment loan, car loan or personal loan, there is no difference in your eligibility. In all instances you are required to first satisfy a superannuation condition of release.

Can I use my super to pay off a loan? ›

If your financial hardship is temporary, you have the option to apply to access some of your super early to pay your mortgage or council rates arrears and prevent the forced sale of your home. If you are behind on your mortgage or council rates you have the right to ask for hardship assistance.

Can I put money into my self managed super fund? ›

A member is able to transfer amounts from another superannuation entity into their SMSF, however the trustee has absolute discretion on whether to accept any transfers into the fund.

What is the maximum loan to value ratio for SMSF? ›

Depending on your lender, the maximum loan to value ratio for SMSF loans may vary. Some lenders offer up to 80% LVR loans for certain types of properties which means they will lend up to 80% of the investment property's value with the remaining amount paid through your SMSF.

How much money do you need to set up a self managed super fund? ›

The running costs for a SMSF will generally be between $1,500 and $10,000 depending on the assets within the Fund and any advice received by the trustees. An SMSF administrator is responsible for completing the Fund's tax returns and financial statements at the end of each financial year.

What is the 5 rule for SMSF? ›

Under the in-house asset rules, an SMSF is prohibited from holding more than 5% of its total assets in an in-house asset. Under the rules, an SMSF trustee must not: Use the SMSF's assets to provide financial assistance to a member or their relatives. Borrow money from the SMSF or use the SMSF as security for a loan.

Can I take a lump sum from my SMSF? ›

A self-managed super fund (SMSF) can pay benefits in the form of a lump sum, an income stream (pension) or a combination of both, provided the payment is allowed under super law and the fund's trust deed.

What can a SMSF pay for? ›

Some of the different types of SMSF expenses are:
  • Operating expenses.
  • Investment-related expenses.
  • Tax-related expenses (incurred on income tax affairs)
  • Legal expenses (including trust deed amendments)
  • Statutory fees and levies.
  • Insurance premiums.
  • Collectables and personal use assets such as artwork.
Jan 18, 2021

Do I need a financial advisor for my SMSF? ›

No, it is not mandatory to use a financial adviser on an ongoing basis for your SMSF. The critical aspect is the SMSF annual return prepared by a tax accountant and the annual independent audit. Also, you do not need a financial planner/adviser to provide a Statement of Advice (SoA) before you set up an SMSF.

Can SMSF loans be interest only? ›

For example, they can come with a fixed or variable interest rate, a loan term that's typically 30 years, and in some cases the option to make interest-only repayments for part of the loan term.

Who owns SMSF property? ›

The SMSF trustees are the beneficial owner of the property acquired under the LRBA. Any income generated by the property would be paid to the SMSF and any expenses associated with the property would be paid by the SMSF.

Can I still get $10 000 out of my super? ›

The minimum amount that can be withdrawn is $1,000 and the maximum amount is $10,000. If your super balance is less than $1,000 you can withdraw up to your remaining balance after tax. You can only make one withdrawal in any 12-month period.

Can I withdraw my super and put in bank? ›

A lump sum withdrawal is a cash payment from your super to your bank account. You can request to withdraw a lump sum if you've met certain conditions set by the Government.

How much super should I have at 40? ›

See how your super measures up against your age group
AgeMen ($)Women ($)
30 - 34$78,546$56,943
35 - 39$125,234$84,960
40 - 44$173,159$115,896
45 - 49$224,161$146,437
6 more rows

Should I put all my super in cash? ›

Should I have my super in Cash? The Cash option has a very low risk level when measured over the short term. However, if you intend to stay invested in this option for a longer timeframe, you should consider whether the current low returns will be enough for your situation.

How much super do you need to retire? ›

As a general rule, most people will need 70% of their take home pay to maintain their lifestyle in retirement. And since we're living longer, which is great, your super may need to last for 30 years or more after you retire.

Why is my super losing money? ›

The balance in your superannuation account generally rises over time as you accumulate contributions from your employer. However, super fees and changing investment performance can lead to dips in your super balance.

What happens to my SMSF when I retire? ›

Upon retirement, the only way you can move into a property that has been purchased by your SMSF is by transferring the property from your SMSF to you as a member in your own personal capacity. This is also known as an 'in-specie transfer' meaning your SMSF transfers its asset to you personally.

Can you have 2 self managed super funds? ›

Under super legislation it's perfectly legal to establish and run more than one SMSF, just as it's fine to have a super account in more than one super fund. While it may be legal, there are a number of important pros and cons to consider before taking the plunge.

What is the difference between a super fund and a SMSF? ›

A self-managed super fund (SMSF) is a private super fund that you manage yourself. SMSFs are different to industry and retail super funds. When you manage your own super, you put the money you would normally put in a retail or industry super fund into your own SMSF. You choose the investments and the insurance.

Which banks will lend to SMSF? ›

Can I get an SMSF loan through one of the big four banks?
  • Bank of Queensland.
  • Switzer Home Loan.
  • La Trobe Financial.
  • Liberty Financial.
  • Mortgage House.
  • Reduce Home Loans.
  • Granite Home Loan.
  • Mortgage Mart.

What are the liquidity requirements for SMSF loans? ›

The liquidity requirement would be $40,000 or $20,000 depending on the lender and their liquidity requirement. This is a protection also for SMSF Trustees/Members to ensure they can comfortably meet their loan repayments and other costs post settlement.

What is 85% loan to value limit? ›

So, if a bank has a maximum LTV of 85%, that means you cannot owe more on your mortgage plus what you are borrowing for your Home Equity and have that amount total more than 85% of your home's value. Using our $200,000 home value example, an 85% LTV would be $170,000.

How much does the average SMSF cost? ›

Table 3: Investment fee range
Fee levelFee
Low0.07% per year
Mid0.47% per year
High1.75% per year
Dec 12, 2022

What is the 10% rule for SMSF? ›

This rule provided that an individual must have earned less than 10% of their income from their employment related activities to be able to deduct a personal contribution. This change ensures that individuals receiving employment income are not dependent on whether their employers offer salary sacrifice arrangements.

What is the 1 12th rule for SMSF? ›

A small underpayment is one that does not exceed one-twelfth of the minimum pension payment in the income year. For super income streams that commence part-way through the year, a small underpayment is one-twelfth of the minimum annual pension payment amount and not the pro-rated amount.

Can I store my SMSF gold at home? ›

Many trustees still choose to store their bullion in a storage vault or the mint for security reasons even though it is not compulsory for them to do so. The bars can legally be stored at a person's home but there are additional risks and documentation required if a trustee decides to do so.

Are SMSF exempt from capital gains tax? ›

Your SMSF's assessable income includes any net capital gains, unless the asset is a segregated current pension asset. Complying SMSFs are entitled to a capital gains tax (CGT) discount of one-third if the relevant asset had been owned for at least 12 months. A net capital gain is: the total capital gain for the year.

What is the preservation age for SMSF? ›

Your preservation age is the age you can access your super if you are retired (or start a transition to retirement income stream). If you were born before 1 July 1960 you have already reached your preservation age of 55 years. You can access your super once you have met a condition of release.

Can I withdraw all my super? ›

You can choose to access all or some of your super, subject to the rules of your fund. There are no legal restrictions on the amount you can access, but withdrawals must be taken as tax-free lump sums.

Can I paying for SMSF expenses personally? ›

All expenses relating to your SMSF must be paid directly from your fund's bank account. If for some reason you do happen to pay a fund expense from your personal account, you should seek reimbursem*nt for this expense immediately or the amount will be treated as a contribution to the fund.

What assets can a SMSF acquire? ›

An SMSF can acquire a life insurance policy from a related party, such as an employer sponsor. It cannot, however, acquire a policy held directly in the name of a member or relative unless there has been a relationship breakdown (refer to below).

Do you need a bank account for SMSF? ›

When you set-up a self managed super fund (SMSF), you will need to open a cash account in your fund's name so that you can accept contributions and rollovers of super benefits. This account is generally meant to be kept separate from the fund members' individual accounts and their employers' accounts where relevant.

Can an accountant give SMSF advice? ›

To be able to set up an SMSF an accountant must hold a financial license and ultimately produce a Statement of Advice to the client concerning the viability of establishing an SMSF. However non-financial licensed accountants can give ongoing support such as the following: Preparation of the fund's financial statements.

What are the pros and cons of SMSF? ›

The advantages and disadvantages of a self-managed super fund
  • The Advantages of a Self-Managed Super Fund.
  • Investment Choice.
  • You Have Total Control.
  • Flexibility and Agility.
  • Accountability.
  • The Disadvantages of a Self-Managed Super Fund.
  • You Require Legal and Financial Knowledge.
  • It's Time Consuming.

Can a SMSF member have a zero balance? ›

If a member has a nil opening or closing account balance for an income year, this is reported as 'zero' on the SMSF annual return. An SMSF member with a nil account balance on 30 June may indicate issues with the fund's administration.

Can I use my SMSF to offset my mortgage? ›

Any funds in the offset account directly reduce the amount owing on your SMSF home loan for interest purposes. For example, if your home loan balance is $600,000 and you have $100,000 in the offset account, you will be charged interest on $500,000 rather than the full loan balance.

What is the interest rate on SMSF savings? ›

Provides a flexible cash solution for your SMSF with no monthly account or transaction fees. Earn a variable rate of 0.55% p.a.

Who lends money to SMSF? ›

The SMSF can either borrow from a financial institution e.g. a bank, a credit union or from the Members. Lending is done with non-recourse borrowing arrangements. This means the lender does not have a recourse or right on other assets in the SMSF.

Can a SMSF loan money to a family member? ›

No. Your SMSF cannot lend you or any of your relatives money. Making this type of loan must be avoided: it's not a way of legally accessing super early via an SMSF. Section 65 of the SIS Act prohibits superannuation funds, including SMSFs, from providing financial assistance to members or their relatives.

What name should my SMSF investments be under? ›

ATO recommends a unique SMSF name

The name of the SMSF that you put on the registration form must be the name that you used when you created the fund's trust deed.

What happens if you borrow some funds from your SMSF? ›

In general, loans to a business operated by members of an SMSF is prohibited and can result in the following administrative fines: Lending to members and relatives – 60 penalty units. In-house assets – 60 penalty units.

Can you refinance a SMSF property? ›

While you are allowed to refinance an SMSF loan, under the Superannuation Industry (Supervision) Act 1993 (SIS Act), you cannot release equity or increase the amount you are borrowing. It is worth noting that in certain circ*mstances, necessary repairs and maintenance to the security property may be permitted.

How do I get out of a self managed super fund? ›

Only close your SMSF bank account or accounts after you have: paid all final liabilities ■ received all final refunds from us – make sure we have the fund's correct bank account details ■ completed rollovers using SuperStream ■ received confirmation from us that your fund has been wound up.

Can a SMSF have a margin loan? ›

If your portfolio falls below a certain value – known as the loan-to-value ratio (LVR) – you could face a margin call. You could be required to add more collateral to your loan or to sell down stocks to cover the short call in value.

How much cash do you need to have in SMSF? ›

There's no minimum balance required to set up an SMSF, but it usually becomes cost-effective once you have a balance of $250,000 or more.

Can I manage my own SMSF? ›

A self-managed super fund (SMSF) is a private super fund that you manage yourself. SMSFs are different to industry and retail super funds. When you manage your own super, you put the money you would normally put in a retail or industry super fund into your own SMSF. You choose the investments and the insurance.

What is the rule for SMSF in house assets? ›

Under the in-house asset rules, an SMSF is prohibited from holding more than 5% of its total assets in an in-house asset. Under the rules, an SMSF trustee must not: Use the SMSF's assets to provide financial assistance to a member or their relatives. Borrow money from the SMSF or use the SMSF as security for a loan.

Can you refinance a LRBA loan? ›

An LRBA can be refinanced provided the re-financed arrangement meets the requirements of section 67A of the SISA.

How much does it cost to close SMSF? ›

Our costs for winding up an SMSF are fixed. for a SMSF with individual trustees: $550 in addition to our annual compliance costs; for a SMSF with corporate trustees: $550 in addition to our annual compliance costs; for the corporate trustee of the bare trust: $330 in addition to our annual compliance costs.

Can I transfer my SMSF into an industry fund? ›

It is possible for you to have an active Industry Super Fund and an active SMSF at the same time. In cases where you roll over funds from your SMSF to an industry fund, it is not necessary to transfer all of the SMSF monies to an industry fund because having several superannuation accounts is permitted.

What happens when a member of a SMSF dies? ›

When a self-managed super fund (SMSF) member dies, the SMSF generally pays a death benefit to a dependant or other beneficiary of the deceased. This should be done as soon as possible after the member's death. If the recipient is a dependant of the deceased, the death benefit can be paid as a lump sum or income stream.

What can you buy with self managed super? ›

The members of the SMSF have full control over their investment decisions and can invest in a range of assets like:
  • Shares (Australian and international)
  • Property (Residential and Commercial)
  • Overseas investments.
  • Cash.
  • Bonds.
  • Term deposits.
  • Physical commodities.

How risky is a margin loan? ›

While margin loans can be useful and convenient, they are by no means risk free. Margin borrowing comes with all the hazards that accompany any type of debt — including interest payments and reduced flexibility for future income. The primary dangers of trading on margin are leverage risk and margin call risk.

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