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

 
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Can an SMSF trustee acquire more than one real property title under a single limited recourse borrowing arrangement?

Arrangements entered into on or after 24 September 2007 and before 7 July 2010

Yes. More than one asset may be acquired under a particular arrangement.

Arrangements entered into on or after 7 July 2010

Multiple real property titles cannot generally be acquired under a single limited recourse borrowing arrangement. However, acquisition under a single limited recourse borrowing arrangement may be possible if it is reasonable to conclude that what is being acquired is distinctly identifiable as a single asset. Factors relevant in determining if this is the case are set out at paragraphs 12 and 13 of self-managed super funds ruling SMSFR 2012/1 - Self-Managed Superannuation Funds: limited recourse borrowing arrangements - application of key concepts.

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For more information, refer to SMSFR 2012/1 - Self-Managed Superannuation Funds: limited recourse borrowing arrangements - application of key concepts.

Sections within The asset being acquired and replacement assets

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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