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refinancing super fund (SMSF) property loans .... Hey there! The SIS (Superannuation Industry Supervision )Act has never stated that refinancing SMSF property loans is outlawed ... it just never said you could! .... therfore lenders took the approach that if it (the SIS Act) don't say you...

Hi Mike Firstly, I like reading your input - good stuff! I write SMSF loans full time and arrange the required legal structures. Personally, I feel comfortable with lenders who require personal guarantee/s. When Taxation Alert 2008/5 (TA 2008/5) was broadcast, it most certainly sent...

Hi there! I have received many enquiries whereas clients wish to purchase vacant land & construct. There are a few options here:- 1. house/land package is acceptable; 2. have the land seller and builder agree to 'contract' as 1, i.e. house/land package (this rarely can be pulled off...

.... your forgetting the 'property owner' is the trustee for the property/custodian trust, the SMSF is the beneficial owner - come pension mode/transfer of asset from property trustee to SMSF, the solution is simple ... take out landlord insurance to cover such event, no different to motor...

Mike is 110% correct. You cannot construct - improve - develop whilst the asset is a 'SMSF asset'. If a block of land is already within the SMSF - too bad I am afraid. The ATO Taxpayer alert 2008/05 states that:- Trustees are also reminded that existing fund assets cannot be placed...

.... all other SMSF assets are protected - New section*67(4A) provides that a fund can borrow money if: 'the rights of the lender against the fund for default are limited to the security' Therefore the lender can only take possession of the asset in the SMSF they lend on, most mainstream...

.... personally I believe there is no need to establish another corporate trustee for subsequent property trust/s under this borrowing arrangement, I am very curious as to exactly what your legal advice was in relation to this? A property trust is only required to hold the property when the...

.... you can be 'innovative' but not 'illegal', referring to the manner in which you minimise the tax you pay, the ATO's Part 4a "the general anti-avoidance rule for income tax" ... basically says they (the ATO), can rule against you if found you took decisive or deliberate action/s, with the...

hey all! Residential purchase, $380k approved today - indicative 3 year fixed 7.15%, still ~ 100bps above the standard resi rate however still reasonably 'cheap money' nonetheless. Re: issues encountered obtaining approval from the NAB, persoally had no issues, perhaps it is a case of the...

I belive so. The '& or nominee' is useful so long as you take the necessary steps prior to settlement to nominate another 'entity' as the purchaser, i.e. nomination form/stat dec. What I am referring to are people who HAVE settled with the dates out of wack ... then become unstuck in 15...

Hi all ... I work closely with the NTAA (National Tax & Accountants Association) and have personally written and settled over 40 SMSF loans in the last 12 months. I not only arrange finance, but also assist clients with establishing the structure behind the loan, viz:- - Property/Bare Trusts...