SMSF and the LRBA

What is a SMSF LRBA?

Borrowing to invest can help build your investment portfolio faster with increased exposure to the market. Like any gearing, this can magnify gains or losses and therefore careful consideration should be given to whether its suitable for your fund.

A limited recourse borrowing arrangement (LRBA) involves a self-managed super fund (SMSF) trustee taking out a loan from a third-party lender. The trustee then uses those funds to purchase a single asset (or collection of identical assets that have the same market value) to be held in a separate ‘bare’ trust. Any investment returns earned from the asset go into the SMSF cash flow.

If the loan defaults, the lender's rights are limited to the asset held in the separate trust. This means there is no recourse to the other assets held in the SMSF, hence the name ‘limited recourse’.

How does it work?

You need to critically evaluate the appropriateness of any investments for your SMSF. Borrowing to invest requires some additional considerations:

Does the Trust Deed of the fund allow borrowing to invest?
Does the investment in mind meet the criteria to borrow to invest and be held in a bare trust arrangement?
Will the cash flow of the fund support the repayment of the loan including a buffer for future interest rate increases? If not, will additional contributions be made to fund the repayments?
Does the investment impede liquidity requirements for the payment of member benefits?

The order of transactions

There are a number of transactions that need to occur in a sequential order for the LRBA loan and asset within the bare trust to be valid. No deposits should be paid, or contracts signed, until the entire arrangement is agreed and validated.

Generally, the sequential order is as follows:

Step 1: Confirm the asset to be purchased

Step 2: Obtain pre-approval of the loan

Step 3: Identify trustee of bare trust to hold the asset

Step 4: Complete the documentation, as required, to enable the loan and trust transactions:

The bare trust
Company to act as trustee of the bare trust
Updating the super fund trust deed
Updating the fund’s investment strategy

Step 5: Sign the contract in the name of the bare trustee and pay the deposit from the SMSF

Step 6: Settle the property with the bare trustee as the title holder.

Commercial properties

A common strategy for LRBAs is to borrow and purchased commercial property for your business and lease back to the business at commercial rates. This is allowed under SMSF law if the rental payments are at ‘market’ rates.

What should I be thinking about?

Lenders are generally more conservative with risk in LRBAs as they have limited recourse to settle the loan if you default. They will require a larger deposit (30% or more) and will require strong cash flow from the fund to support the loan.
LRBAs may result in a credit to a person’s transfer balance cap, reducing the amount that can be transferred to a tax-free pension in retirement. This only applies to funds that use the segregated assets method.
The asset must be a "single acquirable asset" as defined in law. Professional advice to determine the suitability of the asset should be obtained where appropriate.
Legal and tax advice should be sought for setting up the structures and trusts, and to confirm cashflow requirements of the loan.
It takes time to set up an LRBA for the purchase of an investment. It cannot be rushed and the asset should not be purchased before the structure is put in place to complete the transaction.

Important information regarding this information

This information is of a general nature. It does not consider your personal objectives, needs or situation. It does not represent legal, tax or personal advice and should not be taken as such. If it has been provided to you with a Statement of Advice (SoA), you should rely on the personal advice in the SoA.

Care has been taken to provide up to date and accurate information relating to the subject area however BR Advice Pty Ltd (ABN 30 612 056 523, AFSL 488655), Blue Rock Private Wealth Pty Ltd (ABN 95 166 927 055, AFSL 452733), Blue Rock Private Wealth (Melb) Pty Ltd (ABN 48 652 202 698, ASIC AFS No. 1298365) and their representatives make no representation as to its accuracy or completeness.

Published: September 2022.