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Lend Own Money to SMSF?

Discussion in 'Superannuation, SMSF & Personal Insurance' started by togaf, 21st Feb, 2012.

  1. togaf

    togaf New Member

    Joined:
    10th Sep, 2006
    Posts:
    2
    Location:
    Perth
    Can one lend personal funds to their SMSF with the SMSF repaying this loan in the future?

    Background: where the smsf has a shortfall in paying say 20% deposit + costs on a residential property purchase (with smsf bank loan covering 80%) how can cash be loaned to smsf on a short term basis (circa 12 months) until smsf is able to pay these funds back?

    Super contributions can't be 'returned' so not an option.

    Have come across SMSF related-party borrowing (e.g. Limited Recourse Borrowing Arrangement - Cleardocs), however these assume borrowings are there to fund the purchase of an asset in the SMSF. In this situation this is the case, however there's also a 2nd bank loan in the equation.
     
  2. Matthew38

    Matthew38 Member

    Joined:
    17th Feb, 2012
    Posts:
    10
    Location:
    Melbourne
    You can lend money to your SMSF under a limited recourse borrowing arrangement on an arms length basis.

    If the loan is on done on terms that are favourable to the SMSF i.e are designed to enrich the SMSF and not on an arms length basis then it becomes a little bit more complicated as taxation consequences may arise. The law and the ATO's interpretation of this is a little murky and as I haven't worked in this field since 2010, I'd suggest getting further specialist advice if you don't wish to establish a standard limited recourse loan to the SMSF.