Property is one of the most popular investments in Australian SMSFs — and it's easy to see why. The combination of rental income, long-term capital growth, and the tax advantages of super makes it an appealing option for trustees who want to include real estate in their retirement strategy.
But what happens when the fund doesn't have enough cash to buy a property outright? That's where Limited Recourse Borrowing Arrangements — LRBAs — come in.
An LRBA is a specific, tightly regulated type of borrowing arrangement that allows an SMSF to take out a loan to purchase a single asset — most commonly, property. The rules are strict and the structure is more complex than a standard home loan, but when set up correctly, it can significantly expand what an SMSF can hold.
This post explains how LRBAs work, what the structure looks like, and what the law requires of trustees.
What Is a Limited Recourse Borrowing Arrangement?
By default, SMSFs are prohibited from borrowing money. Section 67 of the Superannuation Industry (Supervision) Act 1993 (SIS Act) contains a general prohibition on borrowing within superannuation.
However, Section 67A of the SIS Act creates a specific exception: an SMSF may borrow money to acquire a single acquirable asset, provided the arrangement is structured as an LRBA and meets all the requirements of superannuation law.
The "limited recourse" part is the key concept. In a normal loan, if a borrower defaults, the lender can pursue the borrower's other assets to recover the debt. In an LRBA, the lender's recourse is strictly limited — they can only look to the specific asset purchased under the arrangement. The rest of the SMSF's assets are protected.
This protection is why the structure is permitted within the super system: it prevents a single borrowing arrangement from putting the entire retirement savings of the fund's members at risk.
How the Structure Works — The Bare Trust
An LRBA doesn't work like a normal property purchase. Because the asset is financed with borrowed money, it can't sit directly inside the SMSF until the loan is fully repaid. Instead, it must be held in a separate legal structure called a bare trust — also known as a holding trust.
Here's how the pieces fit together:
Trustee
Min 2 individual trustees or a special purpose corporate trustee — responsible for all investment decisions and ensuring the SMSF is compliant with superannuation legislation
Members
Contribute to the fund and receive retirement benefits upon meeting a condition of release
SMSF
All fund income & expenses flow through the main bank account. Holds the beneficial interest in the property from day one — even while the bare trust holds legal title.
Lender
Bank or related party — must be on arm's-length commercial terms. Related-party loans must meet ATO safe harbour rates (PCG 2016/5).
Holding Trust
Holds legal title to the property while the loan is outstanding. A separate bare trust must be established for each LRBA. Wound up once the loan is fully repaid and title transfers to the SMSF.
Property
The investment asset (residential or commercial). SMSF holds beneficial interest; bare trust holds legal title until the loan is fully repaid.
Diagram is a simplified educational illustration of a typical SMSF LRBA structure. Individual arrangements may vary depending on the trust deed, lender requirements, and legal structure. This is not legal or structural advice.
The Trustee
The SMSF's trustee — whether individual trustees or a corporate trustee — is responsible for ensuring the fund and the LRBA remain compliant at all times. The trustee makes all investment decisions, enters into the borrowing arrangement, and manages the bare trust structure on behalf of the fund's members.
A corporate trustee is generally recommended for funds that hold property, as it simplifies the transfer of legal title when the loan is repaid and avoids the complications that arise when individual trustees change (for example, due to death, incapacity, or divorce).
The SMSF
The SMSF is the beneficial owner of the property from the moment of purchase — even while the bare trust holds legal title. All rental income from the property flows into the SMSF's bank account. All loan repayments — both principal and interest — are made from the SMSF's bank account. The fund's cash flow must be sufficient to service the debt.
Critically, only the SMSF's money can be used to service the LRBA. You cannot make personal top-up payments to cover a shortfall in loan repayments — those would need to come through the normal contribution rules.
The Bare Trust
The bare trust is a separate legal structure established specifically for the purpose of holding legal title to the property while the loan is outstanding. The bare trustee holds the property on behalf of the SMSF — but has no discretionary power and cannot deal with the property except on the SMSF's instruction.
The bare trust deed must be executed before settlement — it cannot be established after the property has been purchased. The property title must be registered in the name of the bare trustee "as trustee for" the SMSF bare trust.
Once the loan is fully repaid, the property is transferred from the bare trust into the SMSF directly, without triggering a new acquisition — this is provided for in the SIS Act and is one of the key features of the structure.
The Lender
The lender can be a bank or other financial institution, or a related party of the SMSF (for example, a member's family trust or company). However, all loans must be on arm's-length commercial terms — meaning the interest rate, loan-to-value ratio, repayment terms, and other conditions must be consistent with what an unrelated commercial lender would offer.
Where the lender is a related party, the ATO's Practical Compliance Guideline PCG 2016/5 sets out "safe harbour" terms that, if met, the ATO will not treat as a non-arm's length income (NALI) arrangement. For real property, the safe harbour interest rate for 2025–26 is 8.95% per annum.
What Can Be Purchased Under an LRBA?
An LRBA can be used to acquire a "single acquirable asset" — which the SIS Act defines broadly to include:
- Real property (residential or commercial)
- Listed securities (shares or units in listed trusts)
- Units in a widely held unit trust
- Other assets that the SMSF would otherwise be permitted to hold
In practice, the vast majority of SMSFs use LRBAs to purchase property — either residential investment properties or, more commonly, commercial properties that can be leased to a member's business.
A single acquirable asset rule is strictly interpreted. For property, this means a property on a single title — two properties on separate titles require two separate LRBAs with two separate bare trusts.
What the Borrowed Money Can — and Cannot — Be Used For
Once an LRBA is established, the use of the borrowed funds is strictly controlled. The law permits borrowed money to be used only for the acquisition of the asset — it cannot be used for other purposes once the LRBA is in place.
| Allowed ✓ | Not Allowed ✗ |
|---|---|
| Purchase price of the property | Capital improvements (e.g. adding a room, subdividing) |
| Loan establishment costs (stamp duty, legal fees) | Purchasing a different asset once the LRBA is established |
| Repairs and maintenance (restoring to prior condition) | Using funds for any purpose unrelated to the specific asset |
| Refinancing the existing LRBA (subject to rules) | Securing the loan against any other SMSF assets |
SMSF Property Rules You Must Know
The Sole Purpose Test
Every investment your SMSF makes — including property held under an LRBA — must be made solely for the purpose of providing retirement benefits for the fund's members. This is the cornerstone rule of superannuation law, and it has direct implications for property investment.
No member, trustee, or related party can use or occupy an SMSF property for personal purposes. This applies both during the accumulation phase and after the property is fully paid off — for as long as it remains an asset of the fund.
Residential vs Commercial Property
The rules around property in an SMSF differ significantly depending on whether the asset is residential or commercial. The table below summarises the key differences:
| Residential Property | Commercial / Business Real Property | |
|---|---|---|
| Can SMSF purchase from a related party? | No | Yes — but only at market value |
| Can a member or relative live in / use it? | Never | No (personal use) |
| Can it be leased to a member's business? | No | Yes — at arm's-length market rent |
| Typical LVR for LRBA financing | Up to 70–80% | Up to 65–70% |
| Annual valuation required? | Yes (30 June) | Yes (30 June) |
The rules above represent general principles sourced from the ATO and SIS Act. Individual situations may be subject to additional conditions. You should not rely on this table as a definitive guide.
Arm's Length Transactions
All dealings involving SMSF property must be at arm's length — on terms that would apply between independent, unrelated parties acting in their own interests. This applies to the purchase of the property, any lease arrangements, maintenance contracts, and the loan itself.
The ATO scrutinises SMSF property arrangements closely, particularly where related parties are involved. Paying below-market rent, accepting above-market loan terms from a related party lender, or failing to document commercial terms in writing are all areas of risk.
Annual Market Valuations
All SMSF assets — including property — must be valued at market value as at 30 June each year for the purpose of the fund's annual return and financial statements. For property, this typically requires an independent valuation from a qualified valuer (or a robust, documented rationale for the valuation used, consistent with ATO valuation guidelines).
This is not merely an administrative requirement: the annual valuation affects the fund's total assets figure, which determines whether the trustees are subject to the transfer balance cap rules, whether contributions are accepted, and how the fund's assets are reported to the ATO.
LRBA Compliance: The Key Requirements at a Glance
The following table summarises the core requirements of a compliant LRBA. This is not an exhaustive list — LRBA rules are detailed and the SIS Act, SIS Regulations, and ATO guidance should be reviewed in full before proceeding.
| Requirement | What It Means |
|---|---|
| Written investment strategy | Must explicitly provide for the LRBA and asset to be acquired |
| Bare trust deed | Properly drafted bare trust deed established before settlement; title in bare trustee's name |
| Single acquirable asset | Each LRBA funds one asset only; separate LRBAs for each additional property |
| Arm's-length loan terms | All terms must be commercial; related-party loans must meet ATO safe harbour rates |
| No improvements from borrowed funds | Loan proceeds for purchase and acquisition costs only — not capital improvements |
| Recourse limited to the asset | Lender's rights on default are limited to the bare trust asset only |
| Title transfer on repayment | Legal title transfers from bare trust to SMSF once loan is fully repaid |
| No charge over other SMSF assets | Only the bare trust asset can be pledged as security |
| Annual compliance review | LRBA terms (especially related-party interest rates) reviewed each financial year |
Before Your SMSF Enters an LRBA: Key Considerations
An LRBA can be a powerful tool — but it introduces complexity and ongoing obligations that are significant. Before proceeding, trustees should honestly consider the following.
1. Does the fund have enough liquidity?
Property is an illiquid asset. Once your SMSF holds property — particularly under an LRBA — the fund's ability to meet short-term expenses, pension payments, and tax obligations depends on having sufficient cash and liquid assets outside the property. If the fund is primarily property and cash flow is tight, a tenant vacancy or unexpected repair could create a genuine liquidity crisis.
2. Does it fit the investment strategy?
The fund's investment strategy must be updated before the LRBA is entered into. The strategy must address the risk and return implications of leveraged property, the impact on liquidity, and how it meets the retirement objectives of the fund's members. A strategy that doesn't contemplate an LRBA — or a property investment of this scale — will need to be revised and formally documented before settlement.
3. Is the fund's balance large enough?
There is no minimum fund balance required by law, but in practice many SMSF professionals recommend that the fund have at least $200,000–$300,000 in assets before considering an LRBA. This is because the ongoing costs of running an SMSF with an LRBA (accounting, auditing, legal, bank fees) represent a proportionally higher burden on smaller funds. The ATO and ASIC have both raised concerns about the appropriateness of LRBAs for smaller funds.
4. What happens if a member dies or becomes incapacitated?
An LRBA creates a long-term financial commitment that spans years or decades. If a member dies or becomes permanently incapacitated during that period, the fund may be required to pay out a death or disability benefit — potentially requiring the property to be sold, possibly at short notice. Insurance held inside or outside the fund can help mitigate this risk, but it requires careful planning in advance.
5. Is the property genuinely a good investment?
This is perhaps the most obvious question — but it's one that can get lost in the excitement of structuring an LRBA. The property must be a sound investment on its own merits: realistic yield, genuine growth prospects, a sustainable loan-to-value ratio, and a rent that covers (or comes close to covering) loan repayments and costs. Buying property just because the structure is available — without genuine investment merit — is not a sound trustee decision and may raise sole purpose test issues.
Common LRBA Compliance Pitfalls
Despite the best intentions of trustees, LRBA arrangements frequently run into compliance problems. The most common issues we see include:
- Bare trust deed established after settlement — the bare trust must exist before the property is purchased. Attempting to fix this after the fact is difficult and may not be possible.
- Property title in the wrong name — the title must be in the bare trustee's name, not the SMSF trustee's name directly. Getting this wrong at settlement is a significant problem to unwind.
- Capital improvements funded from the loan — extending, renovating, or improving the property using borrowed funds (rather than own SMSF money) is a breach. Repairs and maintenance are allowed; improvements are not.
- Related-party loan terms not reviewed annually — safe harbour interest rates change each year. Failing to update the loan agreement (or at minimum document the review) can result in NALI treatment.
- Investment strategy not updated before the LRBA is entered into — the strategy must reflect the LRBA before the arrangement is entered into, not after.
- Personal use of the property by a member or related party — even a brief stay or use of the property by a member or their family is a potential sole purpose test breach.
- SMSF meeting minutes and decisions not documented — every significant decision relating to the LRBA — entering the arrangement, refinancing, reviewing loan terms, considering improvements — should be documented in trustee meeting minutes. Poor record-keeping is a common audit finding.
The Bottom Line
LRBAs allow SMSFs to access leveraged property investment within the super system — and when structured correctly and managed diligently, they can be an effective way to build retirement wealth. Commercial property, in particular, can offer the attractive combination of rental income, capital growth, and the ability to lease the premises to a member's business — all within the low-tax environment of superannuation.
But LRBAs are not simple. The structure requires specialist legal documentation, ongoing compliance management, and careful annual review. The consequences of getting it wrong — non-arm's length income treatment, sole purpose test breaches, or an invalid bare trust — are serious. Before your SMSF enters into an LRBA, make sure you have the right team around you: an SMSF specialist accountant, a solicitor experienced in SMSF law, and ideally a licensed financial adviser who can assess the investment decision itself.
If your SMSF is considering property — through an LRBA or outright — or you already have an LRBA in place and want to confirm it's still compliant, let's talk.
Talk to JoyThis post contains general information about SMSF property investment and Limited Recourse Borrowing Arrangements. It is not financial product advice, tax advice, or legal advice. LRBA structures are complex and the consequences of non-compliance are significant. superco is a registered tax agent and SMSF specialist accounting firm — we are not a licensed financial services provider and do not provide financial product advice. Before making any investment decision or entering into any borrowing arrangement within your SMSF, obtain independent advice from a qualified SMSF solicitor, a licensed financial adviser, and your SMSF accountant. The information in this post reflects the law and ATO guidance as at May 2026.