How to Use an SMSF to Buy Your Business Premises in Brisbane : The 2026 Compliance Guide
Posted 16 Sep
Posted 16 Sep
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Disclaimer: This content is general in nature and current as at August 2026. It does not consider your personal
financial circumstances and is not financial product or legal advice. SMSF borrowing rules changed on 10 August 2026 – please seek advice
from a SMSF accountant and a licensed adviser before acting. |
With the 22 Olympics on the horizon and a decade of infrastructure spend rolling into the River City, Brisbane commercial property is having its moment in the sun. And for business owners, one of the smartest wealth moves on the table is buying your own business premises inside your Self-Managed Super Fund (SMSF) – then leasing it back to your business. Rent you’d otherwise pay a landlord ends up building your retirement nest egg instead. Genuis!
But – and it’s a big but – the rules changed on 10 August 2026. So before we get to the good stuff, let’s clear up exactly what you can and can’t do now.
First, the big 2026 rule change
On 10 August 2026, the Treasury Laws Amendment (Tax Reform No. 1) Act 2026 commenced, inserting a new condition into section 67A(2) of the Superannuation Industry (Supervision) Act 1993.
In plain English: from that date, if your SMSF wants to borrow to buy real property, that property must be business real property. New borrowing to buy residential investment property inside super is off the table.
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The headline in one line: SMSFs can no longer take out a new Limited Recourse Borrowing Arrangement (LRBA) to buy
residential property – but borrowing to buy your business premises is very much alive and well. |
A few things this didn’t do, which are worth mentioning:
Here’s the trap that’s catching people out, and it’s exactly the kind of detail that separates a clean strategy from a compliance headache. Everyone’s saying “commercial property is still fine” – which is broadly true, but it’s not the legal test. The test is business real property (BRP).
BRP generally means land and buildings used wholly and exclusively in one or more businesses. That distinction matters:
And it’s not a one-off test. The asset must be BRP when you enter the LRBA and remain BRP for the entire life of the loan.
If it stops being business real property partway through, the fund can fall foul of the borrowing rules. So ‘wholly and exclusively in a business’ is the phrase to imprint into memory.
Don’t have the full purchase price sitting in cash? The SMSF is the only structure the ATO allows to borrow to acquire property – via a Limited Recourse Borrowing Arrangement (LRBA).
The premises are held in a separate holding (bare) trust, and if the loan ever defaults, the lender’s recourse is limited to that one asset – protecting the rest of your fund.
How an LRBA works for business premises – from 10 August 2026, new LRBAs over real property must be business real property.
You’ve still got options – they just don’t involve new borrowing. Your SMSF can buy residential property outright with cash if it has the liquidity, and any residential LRBA already in place before 10 August 2026 simply continues as grandfathered. If that’s you, hold tight and get advice before refinancing.
The 10 August 2026 changes closed one door and left another wide open. Residential borrowing in super is done – but buying your business premises through your SMSF remains one of the most powerful, tax-effective wealth strategies available to Brisbane business owners.
Get the business real property test right, nail the structure and timing, and keep the paperwork immaculate – and it’s a fortress.
Thinking about moving your business premises into super – or worried about an existing arrangement post-August 2026?
Explore our SMSF
Accountants Brisbane page
to learn more,
or head to our contact page and call us on
(07) 3124 0244 – let’s make sure your Brisbane property play is built on solid compliance ground.
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