If you have indicated discount credits or favorable conditions, this could have serious consequences. In addition to your member`s benefits, it could turn out that your SMSF is not compliant and is therefore not eligible for reduced rates. They would look for what a commercial lender would charge for a similar loan. Take into account the duration of the loan, the purpose, the amount, unsecured or guaranteed. I can`t give specific advice, but it wouldn`t be common to see an interest loan unless it`s fully secured by a mortgage on real estate and limited to a maximum of 5 years. To do this, the ATO advises you to write a credit agreement. It is a legal document that defines all the rights and obligations of the parties involved, the lender and the borrower, as well as the terms of the loan. Sorry, but this is a very specific question, and my license would not allow me to answer it in an online forum. I would suggest that your first point of contact be the auditor of your fund, as he or she will be the final decision-maker of what is acceptable. I guess a lot may depend on the nature of the credit share of the investment fund agreement. If it is written in such a way that lenders have fees on trust units until repayment, you may find that this is not acceptable, as an SMSF may authorize fees on fund assets, except through a limited De Recourse Borrowing Arrangement.
Talk to your listener and give them the full PDS and background. Make sure you have a credit repayment plan and simple trust. Here is a flowchart about lending money from an SMSF (provided the SMSF has money available to lend): Based on the fact that it is not a related party to you (family member), its fund can grant a loan. Please note that directors may enter into an AML that is inconsistent with the Guidelines, but must prove that the agreement was entered into and maintained on terms consistent with a competing transaction. This can be done by replicating the terms of a commercial loan available under the same circumstances. An SMSF can lend to third parties (i.e. not lend money) provided that the credit agreement is in the best interest of the SMSF. Make sure that the credit terms comply with the law and that you do not lend money to members or relatives of the Fund. One of the main risks of a 5% loan is what happens when the market value of smsf assets decreases and the loan reaches more than 5% of the fund`s assets. If the value of the loan to the near party (i.e. internal assets) exceeds 5% of the fund`s assets at the end of the fiscal year, the SMSF administrator(s) must establish a written plan to remedy the surplus before the end of the following fiscal year.
As a general rule, if an SMSF has an LRBA, the SMSF will get a loan directly from the lender. However, in very specific circumstances, an SMSF may maintain the borrowing of another party, such as for example. B the holding trust, if the SMSF takes all the borrowing obligations. The ATO does not give much instruction on the type of loans that SMSF agents can grant. However, the terms of the loan must be reasonable, which means that its terms must be standard terms for the nature of the loan. If you have any doubts, look for legal advice. As a general rule, loans to a business managed by members of an SMSF are prohibited and may give rise to the following fines: Example 1: Dividend income for a reduction in the lending principle The agreement should also be in line with the Fund`s investment strategy, the trust instrument, and pass the only objective test. . . .