Law change · in effect 10 August 2026

SMSF borrowing rules have changed. Here’s what it means for you.

From 10 August 2026, a new limited recourse borrowing arrangement (LRBA) can only be used to buy business real property. Residential property can no longer be bought with an SMSF loan. Existing loans are protected.

How it happened

From Budget measure to law

The change is in Schedule 5 of the Treasury Laws Amendment (Tax Reform No. 1) Act 2026, which amends section 67A of the SIS Act.

Before 2026LRBAs could buy residential or commercial property
26 June 2026Act receives Royal Assent
10 August 2026Ban starts for new LRBAs (45 days after assent)
From nowNew SMSF loans for business real property only
Sydney CBD office towers against a clear blue sky
What changed

What your SMSF can and can’t borrow for

The test is how the property is used, not how it is zoned. Business real property must be used wholly and exclusively in one or more businesses.

LRBA allowed

Business real property

  • Offices, shops and medical suites
  • Warehouses, factories and industrial units
  • Your own business premises, leased back at market rent
  • Farmland used in primary production (home on up to 2 ha)
No new LRBA

Residential property

  • Houses, units, townhouses and apartments
  • Off-the-plan residential (contract after 10 Aug 2026)
  • Land held for a future home
  • Lifestyle blocks and hobby farms

Your SMSF can still buy these with cash.

Get advice

Grey areas

  • Mixed-use (shop with a flat above)
  • Vacant land
  • Short-stay, holiday or serviced accommodation
  • Commercial premises not yet in business use

These often fail the “wholly and exclusively” test. We check each one before you sign.

60-second check

Can my SMSF borrow for this property?

General information only. We confirm eligibility on a free call before you exchange contracts. For loan size, cash and repayments, use the SMSF borrowing calculator.

What are you doing?
How will the property be used?
Already have a loan?

What’s protected

✓

Existing LRBAs

Loans entered into before 10 August 2026 continue on their current terms. Keep the bare trust, loan terms and arm’s-length records in order.

✓

Refinancing

You can refinance an existing LRBA. Keep the balance at or below what you currently owe. Topping up, releasing equity or changing the security could be treated as a new arrangement, which the ban would catch.

✓

Contracts already exchanged

A binding contract exchanged before 10 August 2026 is protected, even if it settles or the loan is signed later. A finance application or a new SMSF on its own doesn’t count.

Your options now

Four ways to hold property in an SMSF after the ban

$

Buy residential with cash

Use the fund’s balance, or a couple’s combined balances, to buy outright. No bare trust needed.

How to buy →
B

Borrow for commercial

Use an LRBA for business real property, including premises leased to your own business.

Commercial property →
T

Transfer business property in

Members can transfer business real property into the fund at market value, as a contribution or a sale.

Learn more →
U

Unit trusts

Ungeared related unit trusts (reg 13.22C) and widely held unrelated trusts have strict rules. Get advice before using one.

Talk to us →
FAQ

LRBA changes: common questions

Does the ban only apply to new SMSFs?

No. It applies to any LRBA entered into on or after 10 August 2026, whether the fund was set up last week or in 2012.

Does it apply to loans from a related party?

Yes. The restriction is on the asset an LRBA can acquire, so it applies to bank, non-bank and related-party lenders alike. Related-party LRBAs for business real property must still follow the ATO’s safe harbour terms (PCG 2016/5).

Can my SMSF still borrow to buy shares?

Yes. The change only affects real property. LRBAs over other permitted assets, such as listed shares, are unaffected.

What happens if a fund breaches the new rule?

An LRBA that doesn’t meet section 67A breaches the borrowing prohibition in section 67. Penalties include an administrative penalty of 60 penalty units per trustee, rectification directions and, in serious cases, a non-complying fund taxed at 45%.

I already own a residential property through an LRBA. Do I need to do anything?

Not because of the ban. Your loan continues. Talk to us before refinancing, repairing or improving the property, because changes to the loan or the asset can affect its protected status.

Is a holiday rental or serviced apartment business real property?

Usually not. Short-stay dwellings are often residential premises, even when they are rented commercially. Some genuine accommodation businesses can qualify. We check the facts before you commit.

Free 15-minute eligibility call

Not sure where your property fits?

We’ll look at the property, your contract date and your balance and tell you which path works.

1300 545 516

General information only, current as at 24 September 2026. It does not consider your personal circumstances. Sources: ATO “Changes to LRBAs for property from 10 August”; Treasury Laws Amendment (Tax Reform No. 1) Act 2026, Schedule 5.

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