A fund with an existing loan, and a rule change in the background
- Position
- The fund holds a property under an existing limited recourse borrowing arrangement
- What prompted the question
- Reported changes to what new SMSF borrowing can be used for
- What the trustees want to know
- Whether a refinance is possible, and on what terms
- What the fund’s advisers confirm
- When the arrangement was entered, and what the rules in force say applies to it
- What we confirm with lenders
- Which lenders will refinance an existing arrangement, and what evidence they ask for
- What we do not do
- Give the legal answer, or assume one. Nothing is lodged before the fund’s advisers have put their position in writing
- Outcome considered
- A documented position first, then the lending
This area changed recently and the detail of how a particular arrangement is treated is a question for the fund’s own advisers, not for a broker and not for a website. So this page does not state what the rules say. It states the order of work: the advisers settle the fund’s position in writing, and we arrange the lending once that is settled. Where a fund is buying premises its own business occupies, that is business real property, which is the kind of purchase the reported change keeps rather than removes.

A fund with an existing loan, and a rule change in the background
Existing arrangements are treated separately.












