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In this episode of SMSFs with CGW, partners Scott Hay-Bartlem and Clinton Jackson are joined by senior associate Keeghan Silcock to unpack the new rules banning SMSFs from using borrowings to acquire real estate that is not 'business real property'.
Welcome to SMSFs with CGW, Cooper Grace Ward’s podcast covering the latest developments affecting self-managed superannuation funds. In this episode, partners Scott Hay-Bartlem and Clinton Jackson are joined by senior associate Keeghan Silcock to discuss the new ban on SMSFs borrowing to buy real estate that is not ‘business real property’.
Despite what’s been widely reported, this is not a blanket ban on residential real estate. The property must meet the ‘business real property’ test for as long as the borrowing arrangement is in place, not just when it’s bought. Scott, Clinton and Keeghan also cover the transitional rules that apply from 10 August 2026, including what counts as a binding contract and the limits on refinancing.
Tune in to find out why the ‘residential real estate ban’ label is misleading and what to check before relying on borrowings to buy property.
Listen now on Spotify or Apple Podcasts.
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