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Merit Financial Services ยท February 2026 ยท Updated 31 July 2026 ยท 8 min read
Update โ Legislative change effective 10 August 2026
The Treasury Laws Amendment (Tax Reform No. 1) Act 2026 received Royal Assent on 26 June 2026. From 10 August 2026, new Limited Recourse Borrowing Arrangements (LRBAs) can only be used to acquire business real property. LRBAs to acquire residential property are no longer permitted. Existing LRBAs โ and binding contracts exchanged before 10 August 2026 โ are unaffected. Full detail below, including the transitional rules.
Property has long been one of the most popular asset classes for SMSF trustees, and Self-Managed Super Funds hold over $900 billion in assets across Australia. From 10 August 2026, though, the rules for borrowing to buy property through an SMSF have narrowed significantly. New Limited Recourse Borrowing Arrangements (LRBAs) can only be used to acquire business real property. Residential property still has a place in an SMSF โ but it can no longer be acquired using borrowed money under a new LRBA. This guide walks through both the new rules and the existing framework that continues to apply.
Under section 67A of the Superannuation Industry (Supervision) Act 1993 (SIS Act), an SMSF can borrow money to acquire a single acquirable asset, provided the arrangement meets specific structural requirements:
Residential property. Residential property remains an eligible SMSF investment โ it just can no longer be acquired using a new LRBA from 10 August 2026. An SMSF that has the cash reserves to buy outright can still add residential property to its portfolio, subject to the existing rules: the property must be at arm's length, and no member (or related party of a member) can live in or rent it. This is a strict rule under section 65 of the SIS Act, and breaches can result in severe penalties.
Commercial and business real property. Commercial property remains the most flexible option and is now the only path forward for new LRBA-funded property acquisitions. If a property qualifies as business real property โ broadly, land and buildings used wholly and exclusively in one or more businesses โ it can be leased to a related party, including the member's own business. For business owners, holding business premises inside an SMSF continues to be one of the most powerful strategies available: you're effectively paying rent to your own super fund.
Note: primary production property containing a private dwelling can still qualify as business real property if the dwelling sits on no more than 2 hectares and the main use of the whole property is not private or domestic. This is a genuinely narrow definition โ we work through it carefully on a case-by-case basis.
The 10 August 2026 changes are prospective, not retrospective. The following arrangements are unaffected:
For new LRBAs entered into on or after 10 August 2026, the property must be business real property both at the time the LRBA is entered into and for the entire life of the arrangement. If a property later stops being business real property โ for example, the business use ends and the trustees don't relet it โ the SMSF has breached the borrowing prohibition and compliance action may apply.
For new LRBAs on business real property (from 10 August 2026), most SMSF lenders will lend up to 65โ70% of the property value. This means the SMSF needs at least 30โ35% of the purchase price plus costs (stamp duty, legal fees, establishment costs) in cash before proceeding. For a $600,000 commercial property, the SMSF would typically need around $210,000โ$230,000 in available cash after allowing for all acquisition costs and a sensible buffer. Interest rates on SMSF loans are typically 0.5โ1.0% higher than standard investment loans.
For grandfathered residential LRBAs (contracts exchanged before 10 August 2026), the historical residential LVR settings โ typically up to 70% โ continue to apply, subject to individual lender policy.
Property held within super benefits from concessional tax rates:
Compare this to an individual on the top marginal tax rate paying 47% on rental income and up to 23.5% on discounted capital gains. Over a long holding period, the difference is significant. These tax settings apply to all SMSF property โ residential and business real property alike โ regardless of whether the property is geared under a grandfathered LRBA or held outright.
Section 62 of the SIS Act requires that the fund be maintained for the sole purpose of providing retirement benefits to members (or their dependants upon death). Every investment decision, including property acquisitions, must satisfy this test. Trustees who acquire property for lifestyle or personal benefit โ holiday homes, renovation projects, or properties earmarked for a child โ risk serious compliance action from the ATO.
For business owners, holding business premises in an SMSF remains exceptionally attractive โ and is now the primary LRBA pathway:
The rent must be at market value โ not above or below โ and supported by an independent valuation. A formal lease agreement should be in place. And, under the new rules, the property must remain wholly and exclusively used in a business for the entire life of the LRBA.
If you're a Merit client, there's nothing you need to do right now. The changes only affect new LRBA arrangements entered into on or after 10 August 2026, and any existing LRBAs already in place โ including residential-property LRBAs โ continue unchanged.
If SMSF property is part of your current strategy or something you've been considering, we'll walk through the practical implications together at your next scheduled review. Business owners with existing or planned commercial premises acquisitions remain well-placed under the new rules; residential-property strategies for SMSFs will shift toward outright cash purchases or non-super structures.
This article is designed to be informative rather than a call to action โ but if you'd like to read the ATO's guidance directly, it's available at ato.gov.au.