关于使用superannuation 买房的问题

阿土伯

请问大家试过用superannuation买房吗？据说是可行的。看以下的报道。

Super opens doors to property

    Katherine Towers
    From: Herald Sun
    April 21, 2008 12:00AM

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SUPERANNUATION, itself, is complicated. Add in words such as funds, schemes, trustees, concessional tax rates and borrowings, and things start getting really tricky.

Throw in "instalment warrants", "limited recourse loans" or "packaged debt deals" and people understandably throw up their hands in confused frustration.

These terms have become the latest conversation catch-words since the Australian Taxation Office recently put out a clarification on changes which has opened up a new investment option for self-managed superannuation funds.

In a nutshell, pre-Christmas changes to the Superannuation Industry Supervision Act (SIS Act) mean Australia's 370,000 self-managed superannuation funds can now borrow to buy property.

So mums and dads with a DIY super fund can borrow by using their self-managed super fund. Before this change, superannuation funds - which have concessional rates of tax - were not allowed to borrow to buy an asset.

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Now you can. But there's a catch.

You can only borrow and invest using a non-recourse loan called an "instalment warrant".

Although they might not be aware of it, instalment warrants were used by mum and dad investors during the Telstra float. They paid a small percentage of the upfront share price and borrowed the balance, which was repaid by instalments until they owned the shares outright.

What the new laws mean is that people can borrow within their super in a similar way, to buy an investment property for example.

The borrowers then repay the lender in instalments under an instalment warrant arrangement.

This differs to a normal mortgage in that the repayments are not spread over 20-25 years but are, for example, made in three big payments say in two to five years until the loan is fully repaid.

The security over the investment property is the "warrant" (held by the lender) and the repayments are the "instalments" (paid by the borrower) hence instalment warrants.

"The changes mean that as long as an investment is made under an instalment warrant arrangement and the asset is one that a SMSF is permitted to acquire under the SIS Act, then a self-managed super fund can theoretically invest in any asset," Maddocks tax partner Michael Taylor-Sands said.

"What's now happened since the reform is that a couple of banks and non-banks have released products (packaged debt deals effectively) allowing SMSFs to buy property using instalment warrant arrangements."

But it gets even more complicated. Under the new laws the loan must be "limited recourse".

This means the lender can only get back a specific asset -- the investment property to which the instalment warrant relates -- if the instalments are not paid in full.

The lender can't make you sell your other investment properties, or sell your luxury liner, if you breach your instalment obligations.

Mr Taylor-Sands said the limited recourse nature of the loan means there are restrictions.

"A key limitation is a commercial one in that the lender, being the product issuer will only lend a certain amount against an asset because they have limited recourse to that asset to recover the amount lent," he said.

Mr Taylor-Sands said tax experts were still absorbing the changes to the laws and, more specifically, the ATO's clarification. But he said most experts agree that while an instalment warrant arrangement could be used by a self-managed super fund to gear into the property market, they couldn't use such arrangements to borrow money to finance property development or construction.

"A lot of people, including mums and dads, think that if they buy a block of land and put a couple of townhouses on it they are going to make a million dollars.

"Under the new laws, an instalment warrant arrangement can be used to buy the block of land but the prevailing view is that it cannot be used to fund the development cost."

* Katherine Towers is YourMoney legal writer: ktowers@iprimus.com.au

dragonballz

it is possible, but when you use super to buy property, you cannot get home loan by super. So solutions are: either you are rich and have lots of money in super, or buy the house under the names of you and your super, then your part can be home-loaned, but it is complicated when selling houses.

puhaha

一般super里面有个12到15万左右就可以贷款买房子了，因为夫妻双方是可以把养老金的钱合并在一起的。如果收入允许的条件下，银行可以贷80%给super买房子。

老牛吃嫩草

我一个同事就用她的super买了个12万的小店面。她的super是拿出来自己管理的，具体我就不清楚了。

趴在墙头等红杏

Super 本来就是做资本投资，新改动后的法律允许个人管理自己的 Super 投资，自然也就可以买投资房买商业了。（前提是投资性质的，不能自住）

puhaha

是退休前买的房子不能自住，退休以后可以自住。

zxart

不错，这个要试试。

资料盒

SMSF有很多的税收优惠，是比较好的税务筹划工具。

immoz

首先一点要self-managed，所以，如果你每年就那么几千块钱，你自己管理，要花多少精力在里面？光那个ato的文件就作死你。
所以，除非你有很多钱，不放在super，你要交很多税。所以放到super里面自己管理，自己作为trustee，可以去买房投资或者其他方式投资。
因此，如果你只是打工族，没有必要这样，除非自己是ceo, 或者做大生意，钱非常多。

周星星1832

张知识了

gentleboy

这个super要多到一定程度才有操作的可能，可以自己来管理。

alicezeng

原帖由 资料盒 于 14-7-2011 23:06 发表

                               
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SMSF有很多的税收优惠，是比较好的税务筹划工具。

SMSF 具体是什么内容？ 是什么词组的缩写？谢谢！

资料盒

self management super fund. 对我们华人来说，可能是个新鲜事物，但在我鬼佬的客户里面，运用已经相当普遍了。