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Limited recourse borrowing arrangements by self-managed super funds - questions and answers

 
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What is limited recourse borrowing?

A limited recourse borrowing arrangement requires an SMSF trustee to take out a loan from a third party lender. The trustee then uses the loaned funds to purchase a single asset (or collection of identical assets that have the same market value) to be held in a separate trust.

Any investment returns earned from the asset go to the SMSF trustee.

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.

Last Modified: Friday, 29 June 2012

 
Table of contents
Scope and purpose of this document
What is limited recourse borrowing?
Is an SMSF right for you?
Is limited recourse borrowing right for your SMSF?
Matters trustees should take into account
General prohibition on borrowing
Requirements under the super law for limited recourse borrowing by super trustees
Changes to other laws relating to limited recourse borrowing arrangements
Consumer protection changes
The arrangement and refinancing
The loan and the lender
Lenders recourse and charging the asset being acquired
The asset being acquired and replacement assets
The in-house asset rules
The holding trust
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