30/06/2026
WARNING: Don't Rush into Setting Up an SMSF
Recent media reports indicate proposed legislation may prohibit SMSFs from borrowing to acquire residential property in the future. As a result, many of us are rushing to establish SMSFs before any
proposed changes become law.
While acting early can be sensible, rushing into an SMSF without proper planning can create significant financial, taxation and compliance risks.
Important: Even if an SMSF is established within one or a few hours and an ABN appears as 'Active', this does not necessarily mean the fund is recognised as a complying superannuation fund. The Australian Taxation Office (ATO) generally requires time (often up to 28 days) to finalise the fund's complying status.
Until the SMSF is recognised as a complying fund, most APRA-regulated superannuation funds will not roll over your superannuation balance. Without the rollover being completed, the SMSF may not have sufficient funds to settle a property purchase before any legislative changes take effect.
Other dangers of rushing include:
β’ Choosing an inappropriate trustee structure.
β’ Errors in trust deeds or borrowing documentation.
β’ Inadequate investment strategy or insurance consideration.
β’ Delays in finance approval, legal documentation and settlement.
β’ Increased risk of breaching superannuation laws.
β’ Buying property due to time pressure instead of suitability for retirement objectives.
Take your time and seek professional advice. An SMSF is a long-term retirement structure and should never be established solely because of fear of missing out on a proposed legislative change.
Professional advice should always be obtained before making any decision.
However this article is not to discourage anyone from setting up SMSF and buy a property before proposed legislation, but instead it is a reminder to do due diligence before setting up and see the dangers of over promises. You will be still able to buy commercial properties. This is general information only and does not take into consideration your personal financial situation and should not be regarded as advice.