Super Gearing Bare Trusts

Take Advantage of the new ability for SMSF’s to borrow and gear to acquire assets.

Our SGBT documents are tailored to comply with section 37A and B , and Part 7 of the SIS Act, in particular:

  • Clarifying that the registered holder of the asset is bare trustee only and that the SMSF has a beneficial interest;
  • Specifying that recourse (by lender and also any 3rd party security/guarantee provider) on default is to be limited to the geared asset only and not the other property of the SMSF;
  • Dovetailing with likely provisions in lenders’ Loan Agreement;
  • SMSF can make instalment payments on the loan and obtain the transfer of the asset to the SMSF;
  • Specifying that the loan can cover permitted expenses incurred in the borrowing/acquisition, refinancing, maintenance and repairs as per the SIS Act
  • GST provisions clarifying that transfer back to SMSF does not equate to a “taxable supply”.

Our SGBT are accepted by all major lenders and their lawyers.

Two levels of service are available, depending on the transaction, $1045.00 (incl.GST) & $770.00 (Incl GST)