| Future of geared
property under scrutiny
Borrowing money to buy property is a strategy that is increasingly being
promoted to do-it-your-self super funds by property investment lenders,
property sellers and financial planners.
While the best guess of the number
of DIY funds that own a geared property is in the single thousands, which
suggests only 1 to 2 per cent of the 425,000 DIY funds, what is
significant is that investing interest is growing. This is despite the
fact that it is one of the most complex investment arrangements ever
introduced to super.
It is an area of super where the
government's review of the superannuation system, known as the Cooper
review, cries out for improvements and simplification.
DIY funds are implementing the
strategy in increasing numbers, says Vince Scully of SMSF Finance
Specialists, with a rising proportion buying residential property.
A year ago, only about 5 to 10 per
cent of geared property investments involved residential property. The
majority were commercial property.
Today the residential property
proportion has increased to about 40 per cent, as growing numbers of
sellers have been promoting the strategy to potential investors.
As far as the Cooper review is
concerned, all geared investing by a super funds is in its sights. Just
before Christmas, in an issues paper that invited public comments about
many aspects of super, the review posed such major questions as whether
investments and investment arrangements that offered leverage should be
available to DIY funds.
Scully says the review is
examining some broad issues about super funds and leverage and this may
attract some lively suggestions.
They include the most fundamental
question - whether leverage should be permitted at all for DIY super funds
- and more precise questions including whether changes in 2007 that
expanded the application of instalment warrants to assets other than
shares have gone too far. |
The review comments
were not the only public mention of the strategy late last year. Just
before Christmas, the Australian Taxation Office in its role as regulator
of DIY funds raised the issue.
A summary of various tax group
meetings released in late December included a comment that the ATO had
placed an embargo on giving advice about instalment warrants to allow
super funds to borrow while it worked with the Treasury Department on a
possible change in the law.
As far as both of these
initiatives (the Cooper review and the ATO advice embargo) are-concerned,
they have prompted speculation about what could happen.
Craig Fishburn, a director of the
Small independent Super Funds Association, says that given the broad issue
of leverage and super is being addressed by the Cooper review, he doesn't
expect any major changes from the ATO.
That said, it's a super investment
area that could do with some serious reviewing. The big problem with
geared property investing into super, Fishburn says, is that the rules
have been and continue to be adapted from rules that applied to the geared
share investments known as instalments warrants.
These had an established structure
that included a range of rules and guidelines that allowed super funds to
borrow and limit the risk to the warrants themselves and not any other
fund assets.
When the Howard government
introduced its 2007 changes to super fund borrowing rules, it was
initially thought they were going to apply only to share warrants.
However, after advisers and others
studied the changes they noted the rules could also be applied to other
assets, in particular property.
The trouble with this expansion of
gearing entitlement has been that geared investing into shares hasn't
translated all that smoothly into property.
Where the difficulties have arisen
and what property investors who wish to use gearing must be on the alert
for, will be examined next week.
John Wasiliev |