Self Managed Superannuation Fund (SMSF) Property Loans

May 2013

Overview

This presentation aims to provide:

• An overview of the legislation changes permitting Self Managed Superannuation Funds (‘SMSFs’) to borrow for the acquisition of investment property

• The requirements to be met by SMSFs seeking to enter into a gearing arrangements for the purpose of acquiring property as an investment class

• An overview of the St George Group’s product and servicing offerings to meet SMSFs investment and gearing needs

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Changes to Legislation permit SMSF’s to borrow

In September 2007, the Australian Federal Government amended the Superannuation Industry Supervision Act (SIS Act) permitting Self Managed Super Funds (“SMSF) to pursue geared investment strategies and borrow in prescribed circumstances to purchase assets they would otherwise not be permitted to acquire.

What has changed?What has changed?

Why?Why?The changes to legislation enable:

Accelerated growth in total assets held by SMSF’s in Australia

Greater diversification of investments for improved performance

Support Govt strategy to build a self supporting aging population

SMSF benefitsSMSF benefits Enables diversification of investment strategy to include property acquisition

Flexible repayment options supporting continued investment diversification

Potential to accelerate wealth accumulation

Potential to improve returns

Gearing & Capital Gains Tax benefits may be realised

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The Borrowing Structure

Trustee

• SMSF must be a SIS Act compliant SMSF permitted to enter in a gearing arrangement

• SMSF Trustee borrows for investment purposes only

• ‘Property Custodian’ Trust (“The Trust”) takes legal ownership of the property

• ‘Property Custodian’ Trust (“The Trust”) gives a Limited Recourse Mortgage over the property

• Servicing must be proven based on income derived by the SMSF alone ( Existing income+ proposed rent + annual member contributions)

Key PointsKey Points

• The SMSF Trustee, when expressly permitted to do so, borrows directly from the Bank.

• The Trust is a separate entity (registered company requirement is stipulated by St. George) which acts as a ‘property custodian’ and holds the legal title to the property being purchased until the loan is fully repaid by the SMSF.

• A Trust Arrangement Deed is required to specify the arrangement between the SMSF Trustee and and the Trust acting in the capacity of property custodian

• The Trust acts as security provider executing a limited recourse mortgage over the property being purchased ( or guarantee and mortgage)

• For commercial property purchases the Vendor may be a related party (e.g. related family company or an unrelated party)

• SIS Act prohibits the SMSF Trustee from acquiring residential property from a related party, therefore all residential property purchases must be from unrelated parties on commercial terms

• Income for servicing must be proven based on servicing capacity of the SMSF only.

• Lessor of the property will be the custodian.

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Purpose and Availability

Available for:Available for:

Property acquisition only for:

• Non specialised commercial properties

• Residential properties being houses, units, and villas/townhouses

• Specialised Commercial property (compliant with SIS Act and acceptable under bank policy)*

• Investment purposes only

• Loans secured by 1st Registered Limited Recourse Mortgage only

·   Not Available for:Not Available for:Acquisition of:

• Owner occupied residential properties

• Vacant Land

• Property Construction

• Property refurbishment or renovation

• Low doc applications

• Refinances

Guidelines*Guidelines*

Funding for the purchase of specialised commercial property may be considered subject to specific conditions being met:

• The specialised property asset must be confirmed as complying with the SIS Act

• Security property is acceptable under standard bank credit policy

• Property is to be purchased on commercial terms for investment purposes only with formalised lease arrangements

• Loan term sought is equal to or less than the term of the lease

• Strictly excludes Aged Care facilities

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Available products & specifications

Commercial Property Commercial Property

• Commercial Loan Variable (CLV)

• Commercial Loan Fixed (CLX)

The products are as per standard specifications with the following exceptions:Fees Differentiated margins and establishment fees are applicable to accommodate the risk associated with

limited recourse nature of SMSF lending;

Loan Amount Minimum $250k – Maximum unlimited

Loan Term Minimum 1 year, Maximum 15 years ( unregulated commercial loan – Commercial property only)

Minimum 1 year Maximum 25 years (unregulated Business Loan – residential property only)

LVR 90% of normal LVR

Eg.1. For non-specialised commercial property security the maximum LVR is 65%

Eg.2. For permitted residential security the maximum LVR is 72% (90% x 80%)

Security Structure/s Restrictions as to property types are imposed for both commercial and residential property and specific security structures are dictated.

Servicing Assessment

Servicing assessment must be limited to the SMSF existing and proposed incomes only (including member contributions up to ATO non concessional cap/s. Standard CCR policy applies – Guarantee from the Member required – full disclosure of income.)

Covenants Specific SMSF lending covenants apply relating to commitment cover and LVR maintenance

Documentation SMSF specific documentation is to be used in all cases. The documentation provides for limited recourse nature of SMSF lending and is compliant with the SIS Act requirements.

Residential PropertyResidential Property

• Business Loan Variable (BLV)

• Business Loan Fixed (BLX)

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Pricing

Investment plans preparation and advice Property Valuation – Standard

residential/commercial valuation rates apply Preparation of loan and security documentation

by an external Panel Solicitor Structure compliance costs including:

- vetting of Trust Deeds/Trust

arrangements

- confirmations of compliance with the

SIS Act Independent financial advice Independent legal advice Settlement Fee of $200 must be collected Facility Drawdown fee of $100 to be collected on

drawdown date Early Repayment Administration Fee of $200 per

repayment (for fixed rate loans) Loan Transfer Fee (from/to Variable Rate from/to

Fixed) $200 payable per transfer

Additional costs payable by the Additional costs payable by the borrowerborrower

Must include minimum establishment fee of $1500 or 0.25% whichever is greater

Standard service/line fees to apply

All external documentation costs to be met by the borrower

Govt registration and stamp duty costs apply

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Servicing & Repayment Options

Assessing Servicing CapacityAssessing Servicing Capacity• Servicing is to be assessed using the SMSF

income sources only

• Strictly no third party incomes allowed ( potential to breach ATO requirements)

Repayments for the facilities can be:

Interest only terms up to 5 years are available

Interest only, paid monthly in arrears

Interest in advance for a maximum period on 12 months

Principal & Interest paid monthly in arrears

Variable – Additional repayments can be made throughout the term without penalty.

Fixed – Additional repayments made during the fixed rate period may incur penalty charges

SMSF Income Assessed on the last 3 years tax returns / financial reports

Subject to confirmation of continuing returns on investments

PLUS

Rental Income 80% of proposed rental income from the purchase property

PLUS

Member Contributions

80% of member contributions

Subject to assessment of family business trading results/ financial reports and confirmation of capacity to continue to meet obligation of member contributions.

Must be no more than the non- concessional CAP as dictated by the ATO

Repayment OptionsRepayment Options

Capitalisation of interest is prohibited

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Security

Acceptable SecurityAcceptable Security

Unacceptable SecurityUnacceptable Security

Additional Security?Additional Security?• Security is to be taken in terms of standard policy

• Strictly to include;

1st registered limited recourse mortgage over commercial/residential property

Guarantee limited for facility supported by 1st registered mortgage

• Guarantees are not mandatory. If Gtee is to be taken the Guarantors right of indemnity against the SMSF and SMSF Trustee and ‘property custodian’ are expressly excluded

2nd or subsequent registered mortgages Full recourse mortgage from SMSF or ‘Property

Custodian’ Trust Vacant Land Company Title Property under construction Rural Charge or M/- over any other assets owned by the SMSF Specialised Residential Property including boarding

houses, retirement village units Specialised Commercial property excluded from

Exceptions guidelines

Whilst it is preferable to have stand alone security structures, additional security can be taken from related entities on the basis:

• The additional Security is not required to support servicing, i.e. Servicing is assessed excluding external related party income

• Any third party security should prudently be limited in recourse and the security provider should waive rights of indemnity and contribution.

• Specific policy requirements for taking third party security are met.

• Specific pre-conditions are included in relation to third party security provision.

Covenants and Conditions

Covenants • Minimum Commitment Cover Ratio of 1.50 times• Must maintain LVR requirements for the term of the facility• Bank reserves the right to revalue security property (at the customer’s cost) at any time

during the loan term

Any breach will constitute an event of default

Standard Pre-Conditions

• SMSF must provide a declaration of being compliant with the SIS Act • SMSF must make declaration that gearing in property meets the SMSF investment

strategy requirements• SMSF Trust Deed must be vetted by panel solicitor • Trust Arrangement Deed (SMSF & Security Custodian) must be vetted by panel solicitor • Independent legal advice must be obtained by the borrower being the SMSF

Trustee prior to assessment• Independent legal advice must be obtained by guarantors including the Security

Custodian • Independent financial advice must be obtained by the borrower being the SMSF

Trustee • Independent financial advice must be obtained by guarantors including the Security

Custodian

Post Settlement Conditions

Additional Security

Pre-Conditions

• Annual certification of continued compliance with SIS Act• SMSF must provide copy of Annual Financial Reports and Tax Returns in support of

annual facility review. • Pre-conditions are dictated by the entity providing additional security

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Where can I go for further information?

BankSA Business Banking CentreBankSA Business Banking Centre

Business Development ManagerBusiness Development ManagerBarbara JonesBarbara JonesM: 0412158187M: 0412158187