Borrowing within a SMSF, personal guarantees and other things

Discussion in 'Loans & Mortgage Brokers' started by Harry30, 9th Mar, 2018.

Join Australia's most dynamic and respected property investment community
  1. Harry30

    Harry30 Well-Known Member

    Joined:
    4th Aug, 2017
    Posts:
    792
    Location:
    Melbourne
    If a person sets up a SMSF, and buys a single property with a loan of ~60-80% LVR (secured against the property):

    (Rest of the SMSF will be in passive ETFs with zero borrowing)

    1) Is it standard practice for banks lending to a SMSF to ask for personal guarantees from the beneficiary?

    2) How does the bank assess servicability? Do they look at the cash flows of the SMSF in isolation, or do they look at the full financials of the main beneficiary? The answer to this may depend on whether a personal guarantee is required? Do they seek any other undertakings from the beneficiary?

    3) Do the banks offer normal resi (investment) rates to SMSFs for property purchases or is there an additional margin they would generally apply when lending to a SMSF?

    3) This is a ‘how long is a piece of string’ question but do brokers find that arranging loans for a SMSF substantially more diffficult and complex than a plain vanilla residential purchase by an individual (eg. Is it more like commercial borrowing where approvals and T&Cs are substantially different to resi?)

    Interested in getting the thoughts of accountants and mortgage brokers who have dealt with this type of borrowing.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,927
    Location:
    Australia wide
    1. Yes
    2. Income of the fund and rent.
    3. Higher rates and fees.
    4. Not really much more difficult
     
  3. Harry30

    Harry30 Well-Known Member

    Joined:
    4th Aug, 2017
    Posts:
    792
    Location:
    Melbourne
    Thanks Terry. So on the income, they would take income (rent) from property + dividends from remainder of fund + average contributions from beneficiary per year.

    On the margin, I just want to get a feel. Is it in the order of 0.5% above.
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,927
    Location:
    Australia wide
    Yes

    I haven't done a SMSF for a while but you are probably looking at around 6%
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Not all contributions are counted in servicing and they likely wouldnt consider all of investment income unless its stable and proven. Some employers wont contribute to a SMSF. Some members also cant rollover to a SMSF. Many lenders want to see actual contributions rather than a new fund which may or may not receive them. The fund would need a ESA and be a complying fund tand that takes time to flow through. You cant setup a fund and buy a property a week later.
    Also clearly understand what the rules are so you dont commit a offence too. No related parties can rent from the fund etc.

    A high LVR may also be a cashflow comsumer. A SMSF shouldnt have a high LVR if cashflows are negative.and neg gearing is not a desirable thing in super. It means contributions and cash are consumed. Banks also have a cash buffer requirement for SMSF - to address the problem that once it wons the property it may be impossible to sustain cashflow if a tenancy issue occurs and there are no contributions (eg loss of job etc). Ideally you want to determine how much of a loan needs to be to arrive at a cashflow neutral acquisition.

    The costs of maintaining the SMSF need to be understood and compared with what you jhave now. Typically allow $3K a year to be safe. If you want life cover in a SMSF expect to pay far more than an industry fund. Failing to maintain life cover could also be a mistake too. A SMSF must consider life cover for members as part of its investment strategy.

    Many people think of a SMSF and then when they follow a process to consider the financial implications find they really have insufficient funds for a sound investment outcome.
     
    Ethan Timor and Harry30 like this.
  6. Redwood

    Redwood Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    691
    Location:
    Melbourne
    Hi there

    SMSF lending has changed significantly and they will require a personal guarantee (limited recourse) - that is to the extent of the asset you buy. Your super must be protected in accordance with the spirit of super law.

    Re serviceability - depends on the lender, if you are self employed they will look at your financials and generally will be 12 months of contributions plus rental income. Loan will be lower of contract price or valuation. Max loan is 80% but can count of my fingers the lenders that do 80% these days

    Re rates they vary CBA is 6.03 and St George is 6.57 and vary across the board. This is unfair in my view.

    I find SMSF loans easier than resi loans. Thats just me, we have a rhythm with them and less compliance that resi loans.

    Hope that helps

    Cheers Ivan
     
    Ethan Timor, Phantom and Harry30 like this.
  7. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

    Joined:
    14th Jun, 2015
    Posts:
    10,629
    Location:
    Gold Coast (Australia Wide)
    Unfair

    How so ?

    ta
    ro
     
  8. Redwood

    Redwood Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    691
    Location:
    Melbourne
    Whats the best rate on a standard investment loan P & I? based on that rate in the 4's please explain to my a premium such as above?

    2010 SMSF were new - sure, all the risk in limited recourse, mortgage docs - accountants - lawyers and brokers has been covered for many years - so why the 200 BP premium?

    Cheers Ivan
     
    Ethan Timor, Harry30 and Vicki S like this.
  9. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

    Joined:
    14th Jun, 2015
    Posts:
    10,629
    Location:
    Gold Coast (Australia Wide)

    When I hear "fair" I am immediately reminded of my dad telling me as a young kid that such concepts dont generally exist in business.

    This is called commercial reality.


    If one believes one can find a gap in the market and get a bond issuer to underwrite it and thence distribute it - go for it. Efficient markets would sort this really quickly, and we are seeing some of that already.


    Objectively, one doesnt need to pay big 4 style 6 % rates - thats a choice. More than one option in the sub 6s even at 80 % lvr.


    There are even significantly lower rates than that subject to lvr ..................... if one looks hard and is willing to take a punt - but these products arent generally available to us brokers, and the consumer needs to go it alone, and product suitabilyt may be questionable - still.........

    Extra Disclaimer: I am not an SMSF loans or advice specialist.

    ta
    rolf
     
    JohnPropChat likes this.
  10. Harry30

    Harry30 Well-Known Member

    Joined:
    4th Aug, 2017
    Posts:
    792
    Location:
    Melbourne
    Putting aside whether these rates are ‘fair’, I always say to people that don’t assume things in the commercial world are always fair. Keeping that front of mind at least helps to keep the frustrations at bay and to stay on an even keel.
     
  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,927
    Location:
    Australia wide
    The banks need to make extreme profits somewhere so they can keep paying good dividends to surrender.

    That said it sounds lime collusion to me. Banks getting together and agreeing to maintained artificially higher rates.
     
  12. Harry30

    Harry30 Well-Known Member

    Joined:
    4th Aug, 2017
    Posts:
    792
    Location:
    Melbourne
    Well that might raise a few trade practices issues then...
     
    Terry_w likes this.
  13. housechopper2

    housechopper2 Well-Known Member

    Joined:
    5th Oct, 2016
    Posts:
    493
    Location:
    Melbourne
    So does the personal guarantee impact your servicing outside the SMSF at all? I would hate to set one up and have it limit my ability to borrow outside super
     
  14. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

    Joined:
    14th Jun, 2015
    Posts:
    10,629
    Location:
    Gold Coast (Australia Wide)
    with most lenders it does NOT, as at today

    if we apply the spirit of APG 223, it should, so tick tock I reckon

    Logically thats dumb.......... but it is what it is

    ta

    rolf
     
    JohnPropChat and housechopper2 like this.
  15. Shahin_Afarin

    Shahin_Afarin Residential and Commercial Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    1,658
    Location:
    Sydney
    It depends on the lender - most lenders don't factor the debt in your personal liability position.

    The big lender that does include it in your personal liability position is CBA. NAB do this as well but consider it as an exception.

    As a side note (not related to SMSF's) Westpac doesn't look at any liabilities in a company name within the retail (non business) channel. So in other words if you have 2 loans with CBA under a company name then they don't factor these loans in your servicing.
     
    housechopper2 likes this.
  16. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    APRA use capital adequacy tests that involve greater asset provision than other loan types. This impacts funding costs significantly (which is why Banks didnt push for SMSF loans that hard) and so the customer has to pay more for the bank to keep its expected risk weighted margin. Unlike say credit cards which has no cash that must set aside SMSF loans require liquidity reserves which could be very high v's owner occupied and similar loans. Note that this view was in 2013 and hasnt been modified despite 5 years of evidence

    http://www.apra.gov.au/adi/Publicat...ans-to-self-managed-superannuation-funds.aspx
     
  17. JohnPropChat

    JohnPropChat Well-Known Member

    Joined:
    10th Sep, 2015
    Posts:
    2,293
    Location:
    Middle Earth
    When trustees sign personal guarantee isn't that factored into serviceability outside SMSF? Are SMSF personal guarantees usually secured or unsecured?
     
  18. JohnPropChat

    JohnPropChat Well-Known Member

    Joined:
    10th Sep, 2015
    Posts:
    2,293
    Location:
    Middle Earth
    Are we talking Pepper's and Liberty's of the finance world or private mortgages? Any pointers?
     
  19. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,927
    Location:
    Australia wide
    Many lenders don't take into account a guarantee as the individual is only liable if the SMSF doesn't pay.
    Personal guarantees are unsecured.
     
    JohnPropChat likes this.
  20. tobe

    tobe Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,814
    Location:
    Melbourne
    Why don’t you contact him directly?