Business in an SMSFBusiness in an SMSF: Pros & Cons

Self-managed superannuation funds, or SMSFs for short, are simply do-it-yourself superannuation funds. Owning an SMSF is a popular way to save for retirement. It gives you simple control over how you invest your super. This article looks at the potential benefits and key considerations. We focus on running a business within an SMSF or investing SMSF monies into another business.

Running a Business in an SMSF.

The act does not technically forbid operating a business in an SMSF. However, this arrangement creates too many complications to name within this article’s scope. The simple answer is clear: we do not advise running a business under your SMSF itself.

You may consider investing SMSF monies into someone else’s business. In this case, your SMSF could own equity in that business. Strict rules apply to such arrangements. If you meet these rules, the investment may be acceptable. But as SMSF auditors, we see red flags everywhere when an SMSF runs a business. If an SMSF accountant approached us to audit such a fund, we would identify many problems.

Such an investment strategy could typically contravene the below provisions and extend to even contravene more provisions of this act and this is the reason it is strictly not advisable. Given the complication of running a business within an SMSF; the chances are that 90% of the time you’d end up contravening more than one provision mentioned below, some of the provisions below are reportable and could involve heavy penalties from the taxation office.

Despite the risks mentioned above, you can still run a business in an SMSF. You must avoid contravening any of the above provisions. However, this approach puts you on a very tight rope. The major issue is the flexibility you need to run a business. Simply put, that flexibility will not be available to you. This is because the business operates under an SMSF.

It is worthwhile to note the risks first because the risks easily outweigh the benefits by a considerable margin, however, there may be safer ways to invest in a business without contravening the provisions of the SIS Act. Let us first consider the advantages of investing in commercial activities before delving into what options you actually have before you can invest in a business using your SMSF funds.

The Advantages of investing in business operations within an SMSF.

1. Diversification: Investing in a business from your SMSF can enhance diversity by complementing conventional investment assets like stocks and real estate. By providing an extra source of income, business income may strengthen a portfolio and reduce dependency on other investment streams.

2. Control and Flexibility: Investment control and the greater options that SMSF members have over industrial and retail super funds, including being able to invest in a business. With this degree of independence, trustees can maximize returns and growth potential by coordinating business operations with the fund’s investment goals and risk tolerance.

3. Tax Efficiency: SMSF’s are concessional taxed on income. If the income stream from the business is taxed at the concessional tax rate of 15%, that would mean a world of difference to the retirement savings.

4. Estate Planning: A foundation for legacy planning and intergenerational wealth transfer may be established by holding equity within the SMSF and then having a binding nomination prepared transferring business equity to the beneficiaries.

So what is the best way to invest in a business from the SMSF funds?

A financial advisor can best answer this question. We are not financial advisors. Therefore, this article and its contents are general in nature.

The best way to hold business interests within an SMSF is to invest in other people’s businesses. You should do this on an arm’s length basis by becoming an equity partner. For example, you could become an angel investor. You would then own equity (Units or Shares) or fixed interest entitlements. This approach distances you from the business’s day-to-day running. Consequently, the risks mentioned earlier no longer apply to you.

You have another option as well. You can invest in a commercial property where you run a business. This exception to the rule is completely legal. Business owners may purchase a commercial property using their SMSF funds. They may then run their business from that property.

Call us on 1300 212 663 to book an appointment with one of our staff, or click here to be directed to our SMSF form.

Disclaimer:

No aspect, part, or content of this article constitutes any kind of advice. This article is general in nature and based on general SMSF concepts. A One Accountants does not provide financial advice. We also hold no license to provide financial advice. A One Accountants does not guarantee or warrant the accuracy of this article’s content. Readers must make their own enquiries. Do not rely on this article’s content when making any decisions. For a full copy of our website terms and conditions page, click here.