LRBA changes mostly affect Melbourne, Sydney retirees

Incoming changes to LRBA provisions are likely to affect the majority of SMSF trustees in Melbourne and Sydney who are approaching retirement and have recently purchased a property within their fund, according to a major financial institution.

 

 

IOOF senior technical services manager Julie Steed told SMSF Adviser that laws currently before parliament to add a member’s LRBA balance to their total super balance if the member had a related-party LRBA would have larger consequences than expected, due to the explosion in related-party LRBAs since the major lenders exited SMSF loans.

“I would say 90 per cent of the LRBAs I’ve helped advisers with in the last 12–18 months have been related-party loans,” Ms Steed said.

“If I’m an adviser, my dealer group will say an LRBA is a financial product, and as such, the LRBA has to be on my APL, but when you look at the current providers who will loan LRBA products, most of them are not major lenders or associated with AFSL holders.

“So, most people are getting a line of credit on their mortgage and there are plenty of online administration houses available to set up the LRBA relatively inexpensively, so advisers are able to get those documents within an hour’s appointment.”

Ms Steed said the new laws, expected to pass parliament in the coming weeks, would cause problems for trustees looking to pay off their LRBA in the years approaching retirement, particularly those in the major capital cities where property values were higher.

“If you’re in South Australia, it is feasible to buy a residential investment property within 10 kilometres of the CBD for under $500,000, but in Melbourne and Sydney, if you want a two-bedroom apartment in that distance of the city, you are well in excess,” she said.

“If I’m 50 and buying that type of property in Sydney, it’s likely I will get to 65 and have an outstanding loan amount that I would be looking to extinguish with NCCs. But adding back the unpaid amount of LRBA to my total super balance puts me over the $1.6 million, which means my eligibility to make NCCs is nil.”

Ms Steed added that the only way to get around the new laws was for trustees to refinance their property with a non-related party lender, which presented its own problems.

“One of the things with going to second-tier lenders is that they might be good mortgage brokers but perhaps not know very much about super law, so their ability to advise clients as to the structure and the whole process possibly isn’t there,” she said.

“That is where they would advise the trustee to go and get professional advice, but if a lot of trustees who feel quite happy to not be advised use second-tier lenders, they are the exact type of people who wouldn’t bother to take that advice and would then fall foul of the laws.”

 

 

Sarah Kendell
29 August 2019
smsfadviser.com

 

 

Any advice contained in this website is of a general nature only and does not take into account your circumstances or needs. You must decide if this information is suitable to your personal situation or seek advice.

Rolanda has been my financial adviser for 20 years. I have always found her to be highly intelligent, knowledgeable and professional in her career. Rolanda is accessible at all times and patiently explains terms that I do not fully understand. I can highly recommend Rolanda and it is a pleasure to do so. I do this with the utmost confidence. Marcia Montgomery (Retiree – home duties and ex-clerk with Water Board)
I retired Oct 2012, and seeking Financial Advice for my retirement funds, I decided to have Rolanda look after my financial affairs, and so happy I did. Since my retirement I am extremely comfortable with Rolanda’s advice, experience and strategies and the returns on my investments. Rolanda is my "Breath of Fresh Air" at this stage of my life and she makes herself available 24/7 should you need to talk with her. Steve Hoad (Ground Engineer, Qantas)
In 1997 I left Energy Australia and decided to join Rolanda Adams Financial Services for the financial support and advice that I would need into the future. That decision has proved a very good one and I am still with Rolanda who has given me advice and friendship over those many years. The advice given has ensured that my investments have been protected and the major losses, of some, during the GFC was not felt by me unduly. Rolanda and her team are very easy to contact at any time and one is always received in a most professional manner. I would be most happy to recommend Rolanda Adams Financial Services to all who need financial services. Graham Fleeton (Manager, Property Insurance Group Energy Australia (Ausgrid))
Rolanda has been my Adviser for the past 18 years. Through her wide industry experience and professional expertise she has ensured the sound development and ongoing management of my investments. Her advice has invariably been sound, timely and entirely tuned to meet my personal needs in retirement. She has a friendly, engaging manner and is always readily available to address any of my concerns. I have no hesitation in recommending her. Neil O'Keeffe (Chief Inspector (retired), Australian Customs Service)

© 2019 Rolanda Adams Financial Services Pty Ltd. All rights reserved. Site by PlannerWeb.