还是只能二选一，用SMSF的钱或者不用？
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我了解的情況是你可以往super里加税后现金。一年可以贡献十多万但总共不超过一定数量好象是四十五万。可能也就年龄限制。这样你就，可以用总的钱买房了。但房子只属于super的不能自已住。
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谢谢LZ的加分。今天刚注册成为会员。正在学习如何使用。希望多多关照。
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commercial property can borrow up to70% LVR
residential can borrow up to 80% LVR
SO your fund need prepare 20% plus stamp duty. also you need set up bare trust to borrow as
Rule does not allow SMSF to borrow sounds very stupid but protect smsf asset if market crash
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请问如果是个人名义签的off the plan的房子（居民住宅）但是还没有settle, 现在想自己setup SMSF然后把这个房子从个人名义转到SMSF下，这样的话会要支付stamp duty吗?
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In your contract should have nominee behind your signature, If not, Can not transfer without stamp duty normally.
You need find a good solicitor to discuss.
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非常感谢你的专业回答。现在级别不够不能给你加分，真不好意思了。
昨天看了以下还真是没有nominee，当初买off the plan的时候用的律师也说要转过去的话需要付stamp duty, 但是当时我们在个人名义下买这个房子的时候，是给免stamp duty的，现在如果要转到super fund是不是等于是SMSF从member手上买这个房子？如果是的话，这算不算contravention? 还有就是我们可以一便宜一点的价格卖给SMSF吗？
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"
Yes, you can not transfer property from personal name to SMSF
So I do not need answer second question as can not work.
furthermore
when u buy property and need loan, the title will under bare trust rather than SMSF as SMSF can not borrow, BARE TRUST can do this.
Make sure you setup proper structure to borrow and sign right name on the contract which is bare trust
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恩，我知道bare trust这个说法。
但是房子还没有settle，现在只付了10% deposit, 现在转还来得及吗？
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that is why I said you need discuss with your lawyer , see any chance to do sth
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好的，非常感谢。
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没事，这条道路很不好走，当然将来回报是丰厚的
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是商用的， 还是民宅？民宅不可以直接从SMSF 的member手上直接买的， 除非是小于你SMSF 总值的5%。而且你买到SMSF的名下， 不可以自住， 只能出租。理论上说， memeber 和SMSF 之间买卖， 必须是市场价格。
建议你和律师商量看看， 能不能直接SMSF 去买， 贷款也直接SMSF下，
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给你出个主意，没有nominee 应该也没有关系 。 set up一个bare trust，你自己作为bare trust的trustee， 所以settle时你作为trustee for bare trust 来settle。不过还是legal issue 需要问律师 况且每个州 stamp duty 不一样 NSW相对严格一点 VIC松一点
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个人做TRUSTEE.贷款和其他很多问题会出来将来
下面转帖一下。大家一起讨论
3. Who can/should be the bare trustee?
3.1 A Bare Trustee can be anyone except the Super Fund trustee. This is because a trust relationship does not come into existence where the trustee is holding the trust property for itself.
3.2 Although there is nothing legally wrong with having individuals as the Bare Trustee our view is that it is strongly preferable to have a corporate Bare Trustee in place so that any deaths or movements in underlying membership of the fund will not affect the Bare Trustee’s property holdings.
3.3 For example, a death of an individual Bare Trustee will require at least the following action to be taken:
· attend to grant of probate of deceased trustee;
· appointment of new trustee
· arrange for transfer of title to new trustee;
· stamping Transfer (including proving to the Office of State Revenue why the transfer shouldn’t attract full duty);
· registration of transfer
3.4 Furthermore if the individual appointed as a Bare Trustee happens to be a member of the Super Fund who wishes to exit from the fund as a member, due to, say, a divorce in the family, then again the trustees will face similar administrative difficulties.
3.5 Some lenders require a corporate Bare Trustee (such as Westpac). In most cases banks will want to have a look at the Bare Trust deed for the purpose of granting the loan approval.
3.6 The use of individual Bare Trustees is similarly unwise because those same individuals will in most cases be the members of the Super Fund and it is very easy to get the records mixed up ensuing a higher likelihood of a merger of the interest of the trustee and the interest of the beneficiary.
3.7 For example, Mary and John are the trustees of M J Superannuation Fund. John runs a small bakery in an arcade. They wish to purchase a commercial property through their Super Fund by borrowing funds from a bank. John and Mary decide that setting up a company is too much hassle and fear that they may lose the property unless they act quickly. They decide to have John to act as the Bare Trustee. The loan gets approved and the contract exchanged and settled. Thereafter, John’s bakery doesn’t do so well and John faces bankruptcy charges. John hasn’t been very prudent in record keeping and the creditors soon find out that he owns a commercial property under his name. John is unable to prove that his ownership in the commercial property is as the Bare Trustee of the Super Fund. Consequently, the ATO treats the property as John’s and the Super Fund misses out on the Super Fund altogether. The ATO then levies tax on the property at individual rates and the loan could be characterised as unauthorised loan, rendering the Super Fund non-complying.
3.8 If, however, the Bare Trustee is a company then if one of the individuals associated with the Super Fund dies, becomes bankrupt or leaves the Super Fund then all that the Super Fund has to do is simply transfer or buy back the shares from the departing individual to someone else, requiring no need to attend to any of the aforementioned steps.
3.9 Our recommendation is to make the Bare Trustee a company and have its sole role as being security trustee for the property, then there is no question of anything outside being attacked.
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