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Taxation

ATO Data Matching in 2026: Motor Vehicles, Electoral Rolls and What the Tax Office Knows

The ATO does not rely only on what you tell it. It also collects data from a wide range of other government sources and matches it against what has been reported, to spot gaps before they become a problem. This is not a new or unusual practice. The ATO runs dozens of these programs across everything from share trading to ride sourcing, but two current programs show just how far the ATO’s reach into everyday transactions actually extends.

Motor vehicle registries data matching

Detail What applies
Data source 8 state and territory motor vehicle registries
Collection period 2026 to 2030 financial years
Who it affects Around 2.5 million individuals each financial year
What is collected Buyer and seller details, transaction dates, sale prices, market values, vehicle garage address, intended use, vehicle specifications and registration details
What it is used for Checking GST, FBT, fuel tax credit and income tax compliance, plus risk modelling and case selection

 

Electoral roll data matching

The ATO also obtains electoral roll information from the Australian Electoral Commission, covering around 18 million records every quarter.

This data includes registered voters’ names, addresses, sex, dates of birth and occupations, and is compared against ATO records to help identify non compliance with tax and superannuation obligations.

This program is not new either. The Australian Electoral Commission has been providing this data to the ATO since before 2016, and it continues largely because it is a reliable way for the ATO to locate taxpayers with incomplete or outdated address details, and to check compliance with Australia’s foreign investment rules around property ownership.

This is part of a much wider pattern

Motor vehicles and the electoral roll are just two of many data sources the ATO regularly matches against tax records. Other current and past programs have covered novated leases, company officeholders, offshore merchant transactions, private health insurance, property management, real property transactions, rental bonds, ride sourcing platforms, share transactions, and sharing economy accommodation.

Taken together, these programs mean the ATO often already has a reasonably complete picture of an individual’s financial activity well before a tax return is lodged.

Why the ATO does this

On its own, a data mismatch does not mean you have done anything wrong. It is one signal among many the ATO uses to decide where to look more closely.

For example, motor vehicle data can help the ATO notice when someone reports a low income but has purchased an expensive vehicle, which may prompt a closer look at their return.

The ATO’s power to collect this data comes from formal information gathering powers under the Taxation Administration Act, which data holders like state motor vehicle registries are legally required to comply with. Its use is also governed by Australia’s privacy laws, which limit the ATO to using the data for purposes like enforcement and compliance activity, rather than for unrelated purposes.

Keeping accurate, complete records, and reporting income and private use correctly, is the simplest way to make sure any data match works in your favour, not against you.

What this means if you are buying or selling a car this year

If you are planning to buy or sell a vehicle worth $10,000 or more, it is worth simply making sure your tax return reflects the transaction accurately, since this is exactly the kind of data point the motor vehicle registries program is designed to pick up.

This is particularly relevant if the vehicle is used partly for business, since the ATO can compare the purchase against declared income, GST claims, and any fringe benefits tax obligations connected with the vehicle.

The bigger compliance picture

Data matching programs like these sit alongside other ATO compliance activity, including its ongoing focus on rental property expenses and work related deductions. None of these programs operate in isolation.

Together, they give the ATO a broader, more joined up view of an individual’s financial position than many taxpayers realise, which is exactly why accurate, consistent reporting across every part of a tax return matters, not just the areas that feel most obviously scrutinised.

Frequently asked questions

Q. Does the ATO need my permission to collect this data?

No. The ATO has formal legal powers under the Taxation Administration Act to require this information from data holders like state motor vehicle registries and the Australian Electoral Commission.

Q. Will I be told if my data is matched?

Not automatically. Data matching runs in the background as part of the ATO’s normal compliance work. You would generally only hear from the ATO if a mismatch raises a specific question about your return.

Q. Should I be worried if I bought a car recently?

Not if your return is accurate. The program is aimed at identifying non compliance, not at penalising ordinary purchases that are properly accounted for.

Q. What should I do if I think a data match might raise a question about my return?

The best approach is to get ahead of it. If you know a past return may not fully reflect a vehicle purchase, a property transaction, or another matched data source, talk to us before the ATO raises a query, rather than waiting to respond to a letter.

Sources

ATO, Motor vehicle registries data matching program protocol: https://www.ato.gov.au/about-ato/commitments-and-reporting/in-detail/privacy-and-information-gathering/how-we-use-data-matching/motor-vehicle-registries-data-matching-program-protocol

ATO, Commonwealth electoral roll data: https://www.ato.gov.au/about-ato/commitments-and-reporting/in-detail/privacy-and-information-gathering/how-we-use-data-matching/commonwealth-electoral-roll-data-matching-program-protocol/commonwealth-electoral-roll-data

Categories
Taxation

Loss Carry Back for Companies Is Back: How to Turn a Trading Loss into a Refund

Not every year is a good year, even for a well run business. Economic conditions shift, a major project can fall through, or a contract can be delayed, and a company that has been consistently profitable can suddenly find itself with a loss on the books. If your company moves from a profit to a loss, there is now a way to turn that loss into cash back in your pocket, rather than simply carrying it forward and hoping for a better year ahead. The loss carry back tax offset, first used during COVID and then scrapped, has been reintroduced, and it is now law.

How loss carry back works

Eligible companies that make a tax loss in an income year can carry that loss back and offset it against tax they paid in either, or both, of the previous two income years.

Instead of waiting for a future profitable year to use the loss, the company can claim a refundable tax offset and get some of that earlier tax paid back as a cash refund.

The measure applies to income years starting on or after 1 July 2026, with eligible companies first able to claim the offset in their 2026 to 2027 tax return.

This is not a new idea. A very similar loss carry back measure applied temporarily during the COVID period, covering the 2019 to 2020 through to the 2022 to 2023 income years, and helped many companies manage cash flow through a genuinely difficult stretch. The measure was then allowed to lapse. Its return in the 2026 to 2027 Budget follows the same basic design, but this time it has been reintroduced as an ongoing measure rather than a temporary, time limited one.

Who is eligible

  • Corporate tax entities, meaning companies and some other entities taxed as companies, with an aggregated annual global turnover under $1 billion. In practice, this covers almost every private company in Australia.
  • The offset only applies to revenue losses, not capital losses.
  • The refund is limited by the company’s franking account balance, so a company with little or no franking credits may not receive the full refund it would otherwise be entitled to.

Understanding the franking account limit

The franking account limit is one of the more confusing parts of loss carry back, so it is worth explaining properly. A company’s franking account tracks the tax it has paid, and franking credits are what allow that tax to be passed on to shareholders as a credit when franked dividends are paid.

When a company claims a loss carry back refund, the refund is debited against its franking account balance, the same way a franked dividend would be. If a company’s franking account balance is lower than the refund it would otherwise be entitled to, the refund is simply capped at whatever balance remains.

This means two companies with an identical trading loss and an identical amount of tax paid in prior years could end up with quite different refund amounts, purely because one has already used up more of its franking credits through dividends paid to shareholders.

A simple example

Year What happens
2024 to 2025 The company pays company tax on a profitable year.
2026 to 2027 The company makes a trading loss and elects to carry it back.
Outcome The company may receive a refundable offset for some or all of the earlier tax paid, limited by its franking account balance.

 

How to actually claim it

Loss carry back is not automatic. A company needs to make a specific choice, known as an election, to carry a loss back rather than simply carrying it forward in the usual way.

This election is generally made as part of preparing the company’s tax return for the loss year, which is why it is worth discussing your position with us before your return is lodged, not after.

Why it matters

It can meaningfully improve cash flow in a loss year, exactly when a business needs it most.

Using loss carry back is a choice, not an automatic outcome. A company might prefer to carry a loss forward instead, particularly if it expects strong profits soon and franking credits are already limited.

This is a decision worth making with proper advice, not a box to tick when lodging. Talk to JMB before you lodge a return in a loss year.

What if my franking account balance is low

If your company has not paid much tax in the past two years, or has already used its franking credits to pay dividends, loss carry back may only provide a partial refund, or none at all. This does not mean the loss itself is wasted. Any amount of the loss you do not carry back can still be carried forward in the usual way, to offset against future profits once your company returns to a taxable position.

This is why loss carry back works best as part of a broader conversation about your company’s tax position, rather than a decision made in isolation. Dividend timing, franking account management and loss carry back all interact with each other, and getting the sequencing right can make a genuine difference to your outcome.

Common misunderstandings about loss carry back

A few misconceptions come up regularly. Loss carry back is not a cash grant unrelated to tax already paid. It is specifically a refund of tax your company has already paid in an earlier profitable year, so a company that has never paid company tax has nothing to carry a loss back against.

It also does not apply automatically. Without a specific election in your tax return, a loss will simply be carried forward as it always has been. And it is not compulsory. Even an eligible company might choose not to use it, if carrying the loss forward against expected future profits makes more sense for its overall tax position.

Frequently asked questions

Q. Does loss carry back apply to sole traders or trusts?

No. It only applies to corporate tax entities, meaning companies and similar entities taxed as companies.

Q. Can I carry back a capital loss?

No. Only revenue losses are eligible for loss carry back.

Q. Do I have to use loss carry back if I am eligible?

No, it is optional. You can choose to carry the loss forward instead if that suits your circumstances better.

Q. How far back can I carry a loss?

You can carry a loss back against tax paid in either, or both, of the two income years immediately before the loss year.

Q. Does my company need to have been profitable every year to use loss carry back?

No, but you do need to have paid company tax in at least one of the two prior income years, and have a franking account balance to draw on, or there will be little or nothing to refund.

Sources

ATO, Tax loss carry back law now passed: https://www.ato.gov.au/businesses-and-organisations/business-bulletins-newsroom/tax-loss-carry-back-law-now-passed

Categories
Taxation

New ATO Email Scam Warning: Fake myGov Appointment Emails to Watch For

A new scam email is doing the rounds, and it is designed to look exactly like a genuine message from the ATO. Scams like this tend to spike around tax time, when people are already expecting to hear from the ATO and are less likely to question a message that looks official. Knowing the specific red flags can save you from handing over your myGov login to a criminal.

How the scam works

The email claims a phone appointment with the ATO has been scheduled, and includes convincing details like a date and time.

It tells you to open an attachment to “securely access relevant services” or to reschedule the appointment.

That attachment contains a link to a fake, but realistic looking, myGov sign in page, built purely to steal your username, password and other personal details.

What makes this version convincing is the specific, believable detail. Rather than a vague, generic message, it includes an appointment date, a time, and an appointment type, details that make it feel like a real administrative notice rather than an obvious phishing attempt.

This is not an isolated incident

This myGov appointment scam is only the latest in a string of impersonation attempts the ATO has publicly warned about. Recent alerts have also covered a fake DocuSign style email carrying a document called a ‘Declaration and Final Release’, and a cryptocurrency themed email demanding taxpayers ‘declare’ holdings in an undisclosed digital wallet by calling a phone number in the email.

The details change, but the underlying pattern does not: an unexpected message, a sense of urgency, and a link or attachment designed to steal your login details.

What the ATO will never do

The ATO has confirmed it will never:

  • email you an attachment that contains a link to a myGov sign in page
  • ask you to access ATO services through a link in an unsolicited email
  • direct you to a login page that is not hosted on an official myGov or ATO website
  • ask for your myGov username, password, or security code by email

What to do if you receive it

  • Do not open the attachment, and do not click any link inside it.
  • Do not reply to the email or call any number it provides.
  • Check the sender’s actual email address, not just the display name. A scam email might display as “Australian Taxation Office” while the underlying address is completely unrelated to a genuine government domain.
  • If in doubt, access ATO or myGov services by typing the address into your browser yourself, or through the official app, rather than through any link in the message.
  • If you are ever unsure whether a message claiming to be from the ATO is genuine, contact JMB or the ATO directly through a channel you already know and trust, not through anything in the email itself.

A closer look at checking a link before you click

If you want to check a link without clicking it, hovering your mouse over it on a computer will usually show the actual destination address in a small preview, often at the bottom of the screen. On a phone, holding your finger on a link, without tapping it, will often show a preview of where it leads.

If that address does not clearly end in a recognised government domain, treat it as suspicious, even if the email itself looks convincing.

If you run a business, warn your team too

Scam emails like this are not only sent to individuals. If your business has staff who handle finance, payroll or administrative tasks, it is worth making sure they are aware of this specific scam and the ATO’s general rules about what it will never ask for by email.

A quick heads up to your team can prevent a single distracted click from turning into a much bigger problem.

Frequently asked questions

Q. What if I already opened the attachment?

Do not enter any login details if you have not already done so. If you have entered your myGov username or password, change your password immediately and contact Services Australia.

Q. How can I report a scam email like this?

You can report it to Scamwatch, and forward suspicious ATO related emails to the ATO’s own reporting address.

Q. Are phone scams different from this email scam?

Yes. This is a separate, email based scam. If you want to check whether a phone call claiming to be from the ATO is genuine, see our earlier article on verifying ATO calls.

Q. How does the ATO usually contact me if there is a genuine issue?

The ATO does use SMS and email for some legitimate purposes, but it will never ask you to log in to myGov through a link in that message, or to open an attachment containing a sign in page. If you are unsure, contact the ATO or JMB directly using details you already have, not anything provided in the message.

Q. Are older Australians more at risk from scams like this?

Anyone can be targeted, including people who are not required to lodge a tax return at all. It is worth sharing this kind of warning with family members, particularly if they are less familiar with checking sender details or hovering over links before clicking.

Sources

ATO, Scam alerts: https://www.ato.gov.au/online-services/scams-cyber-safety-and-identity-protection/scam-alerts

Categories
Taxation

The $20,000 Instant Asset Write Off Is Now Permanent: What It Means for Your Business

Small business owners have spent more than a decade guessing whether the instant asset write off would still be around next year. That guessing game is over. As part of the 2026 to 2027 Federal Budget, the Government confirmed it would permanently set the instant asset write off threshold at $20,000, and that measure is now law. Whether you run a trades business, a cafe, a small professional practice or an online shop, here is what the change actually means for you, and how to plan around it before 30 June.

What actually changed

From 1 July 2026, eligible small businesses can immediately deduct the cost of eligible depreciating assets that cost less than $20,000, instead of depreciating them over several years.

The $20,000 threshold now applies permanently, rather than being extended year by year at Budget time as it has been since 2023.

The general small business pool threshold has also been permanently set at $20,000 from 1 July 2026.

The ‘lock out rule’, which normally stops a business that opted out of the simplified depreciation rules from re-entering for five years, has been suspended until 30 June 2027. This gives businesses more room to move in and out of the simplified rules without being penalised for it.

A decade of guessing: why this threshold kept moving

To understand why this change matters, it helps to know what business owners have been dealing with. The instant asset write off threshold has moved several times over the past decade: $20,000 from 2016 to January 2019, $25,000 for a few months in 2019, $30,000 later that year, then a temporary jump to $150,000 during the early part of the COVID period, before dropping back to $20,000 from July 2023.

Each of those changes came with an expiry date, and each time, business owners and their accountants had to wait on Budget night to find out whether the threshold would be extended again, reduced, or left to fall back to a much lower figure. That uncertainty made it genuinely hard to plan equipment purchases with any confidence.

Making the $20,000 threshold permanent ends that cycle. From 1 July 2026, there is no expiry date to plan around, which means you can time a purchase based on when your business actually needs the asset, not based on when a temporary concession might disappear.

Who can claim it

  • Businesses with an aggregated annual turnover under $10 million. Aggregated means your turnover plus that of any businesses connected with or affiliated to yours.
  • The asset must be used, or installed ready for use, for a taxable purpose in your business before the end of the income year you are claiming it in.
  • The threshold applies per asset, so a business can claim the write off on several separate purchases in the same year, as long as each one costs less than $20,000.
  • If you are registered for GST, the $20,000 threshold is applied to the cost of the asset excluding GST. If you are not registered for GST, the threshold includes GST, so the total price you pay is what counts.

What kind of purchases actually qualify

The write off applies to most depreciating assets you buy for your business, provided each one costs less than $20,000. In practice, this covers a wide range of everyday business purchases, including:

  • tools and equipment for trades and construction businesses
  • computers, laptops and office technology
  • furniture and fit out items for an office, shop or clinic
  • kitchen and hospitality equipment for cafes and restaurants
  • second hand assets, not just new ones

A quick example

Picture a small plumbing business that needs a new set of diagnostic tools costing $4,500, a laptop for quoting jobs on site costing $1,800, and a new work bench for the workshop costing $2,200. Under the instant asset write off, all three purchases can potentially be deducted in full in the year they are first used or installed ready for use, rather than being depreciated gradually over several years.

Because the $20,000 limit applies per asset rather than as a total spending cap, the business is not restricted to a combined $20,000 across all three items. Each purchase is assessed on its own.

Motor vehicles can also qualify, but passenger cars are subject to a separate, lower car limit that is set by the ATO each year, so not every vehicle purchase will fall under the full $20,000 threshold. It is worth checking with us before you commit to a vehicle purchase, since the vehicle rules are more complex than for most other assets.

Why this matters for planning

You no longer need to wait on a Budget night announcement to decide whether to bring a purchase forward before the end of the financial year.

It can help with cash flow, because you deduct the full cost of an eligible asset sooner rather than spreading it over several years.

Because the threshold now applies permanently, there is less pressure to rush a purchase through before 30 June simply because a concession might disappear. That said, the timing rule itself has not changed: an asset still needs to be used, or installed ready for use, before the end of the income year you want to claim it in, so planning ahead is still worthwhile.

Talk to JMB before you buy. The asset has to be used or ready for use, not simply ordered or paid for, before the end of the financial year you plan to claim it in.

Planning purchases across the financial year, not just at 30 June

A permanent threshold changes the way it makes sense to plan. Under the old system, a lot of small businesses fell into a habit of rushing equipment purchases through in May and June, worried that a concession might not be renewed. That rush often meant buying assets before they were genuinely needed, just to use up the concession while it lasted.

With a permanent $20,000 threshold, there is no reason to bring a purchase forward artificially. It makes more sense to buy equipment when your business actually needs it, whether that is in August, December or May, and simply claim the deduction in whichever income year the asset is first used or installed ready for use. This can lead to better business decisions overall, since purchases are driven by operational need rather than a looming deadline.

What to bring to your appointment

If you are planning to claim the instant asset write off this year, it helps to come prepared. Useful things to bring include:

  • a list of assets purchased during the year, with purchase dates and costs
  • tax invoices for each asset, showing GST treatment
  • a note of the date each asset was first used or installed ready for use, if different from the purchase date
  • an estimate of the business use percentage, if an asset is also used privately

 

Quick facts

  • Threshold: $20,000 per asset, now permanent from 1 July 2026
  • Who qualifies: businesses with aggregated turnover under $10 million
  • Applies to: new and second hand eligible depreciating assets used in your business
  • Car purchases: subject to a separate, lower car limit
  • Status: law, passed as part of the 2026 to 2027 Budget package

Frequently asked questions

Q. Does the write off apply to motor vehicles?

It can, but passenger cars are subject to a separate car cost limit, so not every vehicle purchase will fall under the $20,000 threshold. Talk to us about your specific vehicle before you buy.

Q. What happens if I buy something for more than $20,000?

Assets costing $20,000 or more are generally added to your small business depreciation pool and written off gradually over time, rather than claimed immediately.

Q. Do I need to use the simplified depreciation rules to claim this?

Yes. The instant asset write off is only available if you have elected to use the simplified depreciation rules for the income year you are claiming in.

Q. Can I claim the write off on an asset I use partly for private purposes?

Yes, but only the business use portion. If you use an asset for both business and private purposes, you can only claim the percentage that relates to your business use, and you will need a reasonable basis for working out that percentage.

Q. What if I ordered an asset before 30 June but it has not arrived yet?

The asset needs to be used, or installed ready for use, before the end of the income year you are claiming it in. An asset that is still on order or in transit at 30 June generally does not qualify for that year, even if you have already paid for it.

Sources

ATO, $20,000 instant asset write off (IAWO) here to stay: https://www.ato.gov.au/businesses-and-organisations/small-business-newsroom/20000-instant-asset-writeoff-iawo-here-to-stay

ATO, Making the $20,000 instant asset write off permanent for small businesses: https://www.ato.gov.au/about-ato/new-legislation/in-detail/businesses/20000-dollars-instant-asset-write-off

Categories
Taxation

Payday Super Is Here: An Employer’s Checklist for the 7 Business Day Rule

Payday Super has changed how often employers need to pay super, and how little room there is left for delay. Contributions now need to be received by an employee’s super fund within 7 business days after payday, instead of once a quarter. For a business used to a single quarterly deadline, this is a genuinely different rhythm, and the margin for error is much smaller. Here is a practical checklist to help you stay ahead of it.

What changed

Super guarantee must now be paid, and received by the fund, within 7 business days after each payday, instead of quarterly.

New employees, or an employee who changes their super fund, generally get a longer window of 20 business days for the initial contribution.

Funds themselves now have only 3 business days to allocate or reject a payment once they receive it, which means errors get flagged much faster too.

It is worth understanding what counts as ‘qualifying earnings’ under the new system, since this is the figure super is now calculated on. Qualifying earnings bring together an employee’s ordinary time earnings, any commissions, amounts they have salary sacrificed to super, and certain other payments that were not always captured consistently under the old quarterly system. If your payroll software has not been updated to correctly calculate qualifying earnings, that is worth checking before your first payday under the new rules.

Your 7 business day checklist

  1. Use the member verification request (MVR) before you pay. This lets you confirm an employee’s super fund details are valid, and that the fund can accept the contribution, before you send the money. This is particularly useful for new employees, or whenever an employee tells you they have changed funds.
  2. Check with your payroll provider or clearing house that they are actually responding to MVRs, not just submitting them. Not every system handles this automatically, and a request that goes unanswered can leave you assuming a fund is ready to accept a payment when it is not.
  3. Monitor every payment after you send it, rather than assuming it has gone through. Funds have only 3 business days to allocate or reject a contribution, so a rejection can appear quickly, and it is far easier to fix within the 7 day window if you catch it early.
  4. Act fast on rejections. If a payment is rejected or returned, correct the error and resubmit to the right fund straight away, since there is no extension to the 7 day deadline just because a payment bounced.
  5. Build in a buffer. If you use a clearing house, submit payments on payday itself, or even the day before if your systems allow it, to leave room for normal processing time before the clock runs out.

What counts as a business day

The 7 day countdown is measured in business days, not calendar days, which generally excludes weekends and public holidays.

This means the practical deadline can fall later than 7 calendar days after payday, particularly around long weekends, but it also means the countdown can move faster than expected in a short working week. Building a small buffer into your payroll calendar, rather than calculating the deadline manually each time, is the safest way to avoid an accidental miss.

What happens if you miss the deadline

Missing the deadline can trigger the super guarantee charge, which works very differently to simply paying the super a little late.

The charge is calculated on your employee’s full salary and wages, not just their ordinary time earnings, includes interest, adds an administration fee per employee, and is not tax deductible, unlike a normal super contribution. In other words, a late payment can end up costing considerably more than the super contribution itself would have.

Why the old quarterly system caused problems

Payday Super was not introduced for its own sake. Under the old quarterly system, unpaid or underpaid super could go unnoticed for months, since an employee often would not realise a contribution was missing until well after the quarter had closed, by which time chasing it down was harder for everyone involved.

Aligning super with each payday means both employers and employees can see contributions moving in close to real time, which makes errors far easier to catch and correct while they are still small.

Getting your systems ready

Beyond the day to day checklist, it is worth doing a broader systems check before you rely on Payday Super running smoothly. This includes confirming your payroll software has been updated to calculate qualifying earnings correctly, checking that your default fund and any employee elected funds are still active and able to receive SuperStream payments, and reviewing how your business would handle a rejected payment outside normal business hours, such as over a long weekend.

A short conversation with your payroll provider now is far easier than untangling a missed deadline after the fact.

Quick facts

  • Standard deadline: 7 business days after payday
  • New employee or fund change: 20 business days for the first payment
  • Fund’s response time: 3 business days to allocate or reject a contribution
  • Qualifying earnings: brings together ordinary time earnings, commissions, and salary sacrificed super into one calculation
  • First year: the ATO has said employers who genuinely try to comply will not be the focus of compliance action

Frequently asked questions

Q. What if my payroll provider handles all of this automatically?

Many do, but it is still worth confirming exactly what your provider covers, particularly around member verification requests, since not every system submits these by default.

Q. Does the 7 day rule apply to all employees?

It applies to ordinary employees and to independent contractors who are entitled to super under the extended definition of employee. New employees, or employees who change funds, generally have a longer 20 business day window for the first payment.

Q. Is there any leniency in the first year?

The ATO has indicated that employers who are genuinely trying to comply will not be the focus of its compliance action during the first year of Payday Super, but this is not a free pass to ignore the deadline altogether.

Sources

ATO, Top tips to meet the Payday Super 7 business day timeframe: https://www.ato.gov.au/businesses-and-organisations/business-bulletins-newsroom/top-tips-to-meet-the-payday-super-7-business-day-timeframe

Categories
Taxation

$21 Billion in Lost Super: How to Check If Some of It Is Yours

Somewhere out there, more than $21 billion in super is sitting unclaimed, spread across millions of accounts, and some of it might have your name on it. The ATO is actively encouraging Australians to check, and unlike a lot of tax admin, this one genuinely only takes a few minutes and could be worth checking today rather than filing away for later.

How super becomes ‘lost’

Super becomes lost when an account goes inactive, and your fund loses contact with you, often after a change of job, address or phone number.

In some cases, the balance is transferred to the ATO, where it is held until it can be reunited with the right person. This can happen to anyone. It is not just old, forgotten accounts from decades ago.

There are two slightly different categories worth understanding. An account is generally considered lost if it has been uncontactable for 12 months, meaning your fund has lost contact with you and the account has not received a contribution or rollover in that time. An account is considered inactive if it has not received a contribution or rollover for 5 years. Either situation can eventually lead to your super being transferred to the ATO, where it is held as unclaimed super until it is reunited with you.

It happens to more people than you might think

Lost super is not just small change forgotten from a first part time job. The ATO’s own case examples show just how significant the amounts involved can be. In one case, a Melbourne man in his seventies discovered more than $100,000 in an account he had lost track of. In regional Queensland, a woman uncovered a forgotten account worth more than $500,000. In another case, the ATO helped reconnect a married couple approaching retirement with combined super accounts worth more than $1 million, a discovery that genuinely changed their retirement planning.

As ATO Deputy Commissioner Ben Kelly put it, checking for lost super could be ‘the most rewarding five minutes of your life’. Given the amounts some Australians have uncovered, that is not much of an exaggeration.

How to check

  1. Log in to myGov and link it to the ATO if you have not already.
  2. Go to ATO online services, then select Super, then Fund details.
  3. Look for any accounts listed as lost, inactive, or held by the ATO.
  4. If you find an ATO held amount, you can usually transfer it into an active super account in a few clicks.
  5. If you prefer not to use myGov, you can call the ATO’s lost super search line on 13 28 65.

Why it is worth doing today

Unclaimed super held by the ATO does not sit in the market earning investment returns the way it would in an active super fund. The sooner it is reunited with an active account, the sooner it has the chance to grow again.

The younger you are when you find it, the more time it has to work for your retirement.

What happens to your super once it reaches the ATO

Money transferred to the ATO as unclaimed super does not disappear or become government revenue. It is held on your behalf, and interest is generally applied to keep pace with inflation, although this is usually lower than the investment returns you would expect from an active, invested super account.

Once you are reunited with the money, whether through myGov or another process, it can be paid out to you directly or, more commonly, transferred into an active super fund of your choice.

Worth checking for family members too

Because lost super often results from a change of job, address or phone number, it can be worth helping older family members check as well, particularly parents or grandparents who may have worked for several employers decades ago under different super arrangements.

The ATO’s examples of people in their seventies discovering six figure sums are a reminder that this is not only a young person’s issue.

Quick facts

  • Total lost and unclaimed super currently held: more than $21 billion
  • Amount returned last year through consolidations and direct payments: more than $1.1 billion
  • Average lost super amount: around $41,000

Frequently asked questions

Q. Is checking for lost super free?

Yes. Checking through myGov or the ATO’s phone line is completely free. You should never need to pay a third party ‘super finder’ service to do this for you.

Q. What if I find lost super in an old, high fee fund?

It is worth comparing the old fund against your current active fund before deciding whether to transfer or consolidate, since fees and insurance arrangements can differ. We are happy to help you think this through.

Q. Can lost super affect my insurance inside super?

Possibly. Some funds cancel insurance cover on an account after a period of inactivity, so it is worth checking whether any insurance was lost along with contact, particularly before consolidating accounts.

Sources

ATO, $21 billion in lost super: find yours, fund your future: https://www.ato.gov.au/media-centre/21-billion-dollars-in-lost-super-find-yours

ATO, Searching for lost and unclaimed super: https://www.ato.gov.au/forms-and-instructions/superannuation-searching-for-lost-superannuation

Categories
Taxation

Why the ATO Is Scrutinising Property Manager Reports: Common Rental Expense Mistakes to Avoid

If you own an investment property, your property manager’s annual statement feels like the obvious place to copy your numbers from at tax time. It looks complete, it is prepared by a professional, and it adds everything up for you. The ATO has warned that treating it as a ready made tax document, without a second look, is one of the most common ways rental property owners get their return wrong, and it is a mistake that can trigger a closer look at your entire return, not just the expense in question.

What the ATO is seeing

The ATO has identified a consistent pattern of issues in how rental expenses from property manager statements end up in tax returns:

  • Capital expenses, including initial repairs made soon after buying a property, being claimed as an immediate deduction instead of over time.
  • Expenses grouped together under vague labels, without enough detail to work out how they should be treated for tax purposes.
  • Mismatches between when an expense was actually incurred and when it was paid, which affects which financial year it belongs in.
  • Private expenses, such as costs linked to the owner’s own use of the property, being included in the claim by mistake.

Repairs versus capital expenses

Type Example How it’s usually claimed
Repair Fixing a broken tap or a cracked window Claimed straight away, in the year the cost was incurred
Capital improvement Renovating a kitchen or replacing a whole fence Claimed gradually over several years
Initial repair Fixing a defect that already existed when you bought the property Treated as capital, not an immediate deduction, even if it looks like an ordinary repair

 

Why the distinction matters more than it seems

Claiming a capital expense as an immediate repair does not just risk a small correction. It can prompt the ATO to look more closely at every other expense in your return, since it suggests your records may not be reliable more broadly.

This is especially common with larger repair jobs. If your property manager arranges a repair and pays for it out of the rent collected during the year, the amount they remit to you is already net of that cost. If you then separately claim the invoice they send you for your records, without checking whether it has already reduced the rental income you declared, you can end up claiming the same expense twice: once through a lower declared rental income, and again as a separate deduction.

Records worth keeping

Beyond comparing your statement to invoices at tax time, it is worth building a simple filing habit across the year rather than trying to reconstruct everything in a rush. Useful records include:

  • original invoices for every repair, not just the property manager’s summary of them
  • photos of any work carried out, particularly for larger jobs, which can help demonstrate whether something was a repair or an improvement
  • a note of any period the property was used privately, even briefly, such as a stay between tenants
  • bank statements showing rental income received, so it can be reconciled against what your property manager has reported

What to do before you lodge

  1. Compare your property manager’s annual statement against the actual invoices, not just the summary figures.
  2. Ask your property manager for a description of any expense listed as “sundry” or “other”.
  3. Separate capital items and repairs before you hand your records over.
  4. Flag anything related to personal use of the property, even short periods, so it can be apportioned correctly.
  5. Bring both the statement and the underlying invoices to your appointment with JMB.

What happens if the ATO flags a mismatch

If the ATO’s data matching identifies a mismatch between what you have claimed and what its other data sources suggest, the usual first step is a request for more information, not an automatic penalty.

This is exactly why keeping the underlying invoices and records matters. A well documented claim, even one that turns out to need a small correction, is treated very differently to a claim with no supporting evidence behind it.

Why rental property is such a consistent ATO focus

Rental property expenses have been a persistent area of concern for the ATO for years, not just in this latest warning. Investment property is common, the rules around repairs, capital works and private use are genuinely more complex than most owners expect, and property manager statements, however well intentioned, are not designed with tax law in mind.

That combination makes rental property one of the more error prone areas of individual tax returns, and one the ATO consistently prioritises when deciding where to look closely.

If you think you may have already made a mistake

If you look back at a previous return and suspect an expense may have been classified incorrectly, the best course of action is generally to correct it voluntarily rather than wait to be contacted.

Coming forward before the ATO raises a query is treated far more favourably than being caught out through a data match, and in many cases the correction itself is straightforward once the right information is available. If this sounds like your situation, it is worth raising it with us directly rather than waiting until your next return is due.

Frequently asked questions

Q. Can I ask my property manager to fix the classification for me?

Property managers are not tax professionals, and their statements are prepared for cash flow purposes, not for tax law. It is worth bringing both the statement and the invoices to us so we can classify each expense correctly.

Q. What counts as an ‘initial repair’?

An initial repair is work that fixes a problem that already existed when you bought the property, even if you only discover it and fix it after settlement. The ATO treats these as capital expenses, not immediate deductions, because the cost is really part of what you paid to bring the property up to a rentable standard.

Q. Does this apply to holiday homes as well as standard rentals?

Yes, the same expense classification rules apply, on top of the specific rules about private use that apply to holiday homes. See our earlier article on holiday home deductions for more on that.

Sources

ATO, ATO warning to rental property owners: don’t let your tax return be a ‘fixer-upper’: https://www.ato.gov.au/media-centre/ato-warning-to-rental-property-owners-dont-let-your-tax-return-be-a-fixer-upper

Categories
SMSF

SMSF Property Loans Just Changed: What the 10 August Ban Means for You

On 23 June 2026, a deal was struck in Canberra that most people with a self managed super fund did not even know was happening until it was already done. The government needed the Greens on side to get its bigger tax reform bill through the Senate, and the price of that support was simple. Self managed super funds would no longer be allowed to take out new loans to buy residential property.

It moved fast from there. The bill passed both houses of parliament two days later, on 25 June. It received Royal Assent from the Governor General on 26 June. That single date started a 45 day countdown, and the new rule officially becomes law on Monday, 10 August 2026.

If none of that means much to you yet, that is completely fine. By the end of this article you will know exactly where you stand, whether you already have a loan on a property inside your fund, you were part way through arranging one, or you have never thought about borrowing through super at all.

Picture someone who spent the last three months getting their fund ready to buy an investment unit. The self managed super fund is set up, the holding trust is drafted, and the bank has given in principle approval. They are not being dramatic when they say the date 10 August now means something to them personally. If any part of that description sounds like you, keep reading, because which side of that date you land on depends on one specific piece of paper, and we will get to exactly which one shortly.

What Actually Got Banned

The technical name for what changed is a Limited Recourse Borrowing Arrangement, usually just called an LRBA. It has existed since 2007, and it is the only way the law has ever allowed a self managed super fund to borrow money. Under an LRBA, the fund borrows to buy a single asset, most commonly a property, and that asset sits inside a separate holding trust until the loan is fully repaid. If the loan ever falls into default, the lender can only go after that one property, not anything else the fund owns. That is where the phrase limited recourse comes from.

It is worth understanding why so many trustees used this strategy in the first place, because it explains why the change matters. Rental income earned inside the fund is taxed at a flat 15 per cent while the fund is in accumulation phase, and drops to zero once the fund moves into pension phase, both well below what most people pay on rental income held in their own name. Borrowing let someone use their super balance as a deposit and leverage into a property they could not otherwise afford, while keeping full say over which property they chose. It was, for a lot of people, one of the more attractive ways to build wealth inside a concessionally taxed environment.

From 10 August, the law adds one new condition to how an LRBA can be used. If the asset being purchased is real property, it now has to meet the definition of business real property, a term that already existed in super law for other purposes and generally means commercial premises used wholly and exclusively by a business. A house does not meet that test. Neither does a townhouse, a unit, or a block of vacant residential land. So while everyone is calling this a ban on residential property loans, what actually happened is a little narrower and a little stranger. Self managed super funds can still borrow to buy property. They just cannot borrow for anything that looks or functions like a home. We will cover exactly how that business real property test works, including a few surprising edge cases, in a separate article.

Which One Are You

Almost every fund falls into one of three positions once this change lands. Reading through them should tell you fairly quickly which one applies to you.

If your fund already has a loan on a residential property

Nothing changes for you, and it is worth understanding exactly why so you are not caught off guard by a headline later. The government has been explicit that existing arrangements are grandfathered. Your loan continues exactly as it was set up, your repayments stay the same, your bare trust structure keeps operating as it always has, and nobody is going to ask you to sell the property or pay out the loan early. Refinancing an existing loan with a different lender still appears to be allowed, though this is one area where the fine detail matters, so it is worth getting specific advice before you switch lenders rather than assuming your existing arrangement automatically carries over.

If you were part way through buying a property with a loan

The date that matters here is the date you exchange contracts, not the date you settle and not the date your loan gets formally approved. If contracts are exchanged before 10 August 2026, the purchase is protected even if settlement does not happen until September, October, or later. If you have not exchanged contracts yet, the honest answer is that time is short. There is also a second risk sitting alongside the legal deadline. Lenders might decide to stop offering SMSF residential loans before 10 August even arrives. That is exactly what happened in 2019, when a similar proposal was floated and all four major banks quietly withdrew their SMSF residential lending products long before any legislation had actually passed. Nobody can promise that will not happen again this time.

If your fund holds cash and you were considering a property

Nothing here changes at all. Buying a property with cash, without any borrowing, has never depended on the LRBA rules and still does not. If your fund has the money sitting there and you want to buy an investment property outright, you can do exactly that. Before 10 August or after it, it makes no difference.

Why This Happened

This change did not appear out of nowhere. A major review of the financial system back in 2014 recommended ending this kind of borrowing inside super, and the recommendation simply sat there for over a decade until the Greens made it a condition of supporting the government’s much larger tax reform package this year. That package overhauls the capital gains tax discount and tightens negative gearing for property bought outside super. According to the Treasurer, the change to SMSF borrowing itself is expected to improve the federal budget by around 50 million dollars over the coming years, and by his own figures self managed super funds represent less than one per cent of all residential property borrowing in Australia.

There is one detail worth knowing if you have been comparing buying property inside super against buying it in your own name. Before 10 August, borrowing inside an SMSF created an odd overlap. Super was left out of the government’s changes to capital gains tax and negative gearing, so for a short window, a self managed super fund was the only structure left in Australia where someone could buy an existing, previously lived in property and still negatively gear it the old way. That window closes at almost the same moment the loan option itself does, so it is not something worth chasing unless you are already close to a signed contract.

Not everyone in the SMSF industry has welcomed the change quietly. Groups such as the SMSF Association have raised concerns about how quickly it was introduced, arguing that altering a system people have built long term retirement plans around deserves more consultation than a late addition to Senate negotiations allows. Some SMSF lawyers have gone further, arguing that cutting off this kind of borrowing actually reduces the supply of housing available to be built and rented out, rather than improving it. Others point out that the strategy affected a genuinely small slice of the market to begin with. Whichever side of that argument you find convincing, the change is now law, and the commencement date is not moving.

If you are still not sure which of the three positions above actually describes your fund, that is a completely normal place to be. This is a genuinely confusing change, even for people who work with self managed super funds every day, and the fine print around grandfathering, refinancing, and what actually counts as business real property is easy to get wrong if you are working it out alone. Our team can look at your fund’s actual situation, tell you plainly where things stand, and help you work out what, if anything, needs to happen before 10 August.

A Few Quick Questions

Q. Does this affect my fund if I already own a property outright, with no loan attached?

No. This change only touches new borrowing. If your fund owns a property with no loan attached, whether you bought it years ago or you are planning to buy one next month with cash, none of this applies to you.

Q. Can I still borrow inside my SMSF to buy a commercial property?

Yes, as long as the property genuinely meets the definition of business real property, which generally means premises used wholly and exclusively in a business. It is worth getting that checked properly before you assume a property qualifies, because the test is narrower than most people expect, and not every property that feels commercial actually meets it.

Q. Is the deadline based on the contract date or the settlement date?

The contract date. If you exchange contracts before 10 August 2026, the purchase is protected even if settlement happens after that date.

Q. I have heard banks might stop offering SMSF property loans before the legal deadline. Is that actually true?

It is a real possibility rather than a certainty. The same thing happened in 2019 when a similar change was proposed, all four major banks withdrew their SMSF lending products before any legislation had even passed. If you are relying on finance being available right up until 10 August, it is worth checking with your lender sooner rather than later.

Q. What about a farm with a house on it, or vacant land? Does the ban catch those too?

It depends, and this is one of the trickier corners of the new rule. A working farm can still count as business real property even with a dwelling on it, provided the residential part stays small relative to the whole property and farming remains the main use. Vacant land bought for future residential building, on the other hand, is generally treated the same as a house. If your situation involves anything other than a straightforward home or a straightforward commercial premises, it is worth getting it checked rather than assuming either way.

Categories
SMSF

Already Have an SMSF Property Loan? Here Is What Actually Changes for You

If your self managed super fund already has a loan on a residential property, you can stop scrolling through news headlines looking for bad news. The short version is that almost nothing changes for you. The longer version is worth reading anyway, because the worries we have been hearing from clients over the past few weeks are specific, and you deserve a specific answer rather than a general one.

Part of the confusion is understandable. Most of the coverage of this change has been written for people who were thinking about setting up a loan, not for people who already have one, so it tends to lead with the ban rather than the exceptions. If you skim a headline that says SMSF property loans are banned, it is a completely reasonable reaction to wonder whether that includes you. It does not, and this article is really just working through why, one specific concern at a time. If you want the fuller background on how the change actually came about and how it works, we walked through that in part one of this series. Here, we are only interested in your situation, not the politics behind it.

The change itself is simple to state. From 10 August 2026, a self managed super fund can no longer set up a new loan to buy a residential property. Notice the word new. That is the entire point that matters to you, and we will keep coming back to it.

“I saw a headline that said SMSF property loans have been banned. Does that include mine?”

No. The government has been explicit that the change only stops new arrangements from being established from 10 August onward. If your fund already had a loan in place buying a residential property before that date, the law treats your arrangement as grandfathered. Grandfathering is a fairly old fashioned way of saying that something set up under the old rules keeps living under the old rules, even after the rules change for everyone starting fresh. Nobody is reaching back into loans that already exist to unwind them or reclassify them.

“Is the government going to force me to sell the property or pay the loan out early?”

No, and this is worth saying plainly because it is the fear that seems to worry people the most. There is no unwinding, no forced sale, and no early repayment requirement anywhere in the legislation. Your fund keeps the property, keeps the loan, keeps the bare trust structure holding legal title while the loan is outstanding, and keeps making the same repayments it always has. Once the loan is eventually paid out in full, the property moves into your fund’s name exactly the way it always would have, on exactly the same terms you originally agreed to. The only thing that has actually closed is the option for someone else to start a brand new version of what you already have.

“Will my rent, or the tax I pay on it, change because of this?”

No. Rental income inside your fund is still taxed at the same flat rate it always was, 15 per cent while your fund is in accumulation phase, and zero once the fund moves into pension phase. For context, that is well below what most people pay on rental income held in their own name once you add it to a normal salary. The capital gains treatment when you eventually sell has not moved either, your fund still gets the same concessional treatment inside super that it always has. None of the tax settings that made this strategy worthwhile in the first place have been touched. What changed is only who is allowed to start one of these arrangements from now on, not what happens inside one that already exists.

“I was thinking about refinancing to get a better interest rate. Can I still do that?”

Probably, but this is genuinely the one area where we would tell you to slow down rather than assume. Refinancing your existing loan to a different lender, on paper, should not count as setting up a new arrangement, since you are not buying a new asset, only changing who you borrow from. In practice, the Australian Taxation Office has not yet given detailed guidance on exactly where that line sits, and a handful of SMSF specialists around the country have flagged it as a genuine grey area rather than a settled question. There is also a practical wrinkle worth knowing about. Back in 2019, when a similar ban was floated and then dropped, all four major banks quietly withdrew their SMSF lending products from the market before any legislation had even passed. Something similar could easily happen again this time, which means the refinancing option you are picturing today might simply not exist by the time you go looking for it. If a better rate is tempting you, get it checked against your fund’s specific paperwork sooner rather than later, rather than assuming it will still be available, or automatically treated the same as your current loan, six months from now.

“My fund borrowed from a family member rather than a bank. Does any of this still apply to me?”

Yes, in the same way. A related party loan is still an LRBA, and the same grandfathering protection applies to it as to a bank loan, provided it was set up before 10 August 2026 and meets the arm’s length terms the Tax Office already expects, things like a commercial interest rate and a sensible loan to value ratio. What matters for grandfathering is the date the arrangement was entered into, not who happened to be sitting on the other side of the loan.

“What if I want to sell the property before the loan is fully repaid?”

Nothing about selling has changed either. If your fund sells the property while there is still a loan against it, the sale proceeds pay out the loan first, the bare trust arrangement then closes, and whatever is left over stays in your fund the same way it always would have. The change only stops someone from setting up a brand new residential LRBA from 10 August. It has nothing to say about what you do with an existing one, whether that is holding it for another twenty years or selling it next month.

“Does this change anything about how my fund gets audited each year?”

No. Your annual audit still looks at exactly the same things it always did, whether the loan meets the arm’s length terms it was set up under, whether the sole purpose test is being met, whether the bare trust structure is being maintained properly, and whether the fund’s records are accurate. This change did not add a single new question to that process for arrangements that already existed before 10 August. Your auditor is not going to treat your fund any differently because of a law that, from your fund’s point of view, essentially does not apply to it.

“Can I add a second property, or extend the same loan to buy something else?”

No. Grandfathering protects the specific arrangement you already have, not a general licence to keep using the same fund for new residential purchases. If you were planning to use the same fund to add another rental property down the track using a new loan, that plan needs to be rethought. The existing loan on the existing property is fine, and continues exactly as it is. A second, separate borrowing for a different property, set up after 10 August, would be treated as a brand new arrangement, and a residential one will not be allowed, regardless of how well your existing loan has performed or how comfortable your fund is with the strategy.

“Honestly, if nothing needs to change, is there anything I should actually be doing right now?”

A few small things, yes, mostly to make sure your paperwork matches what the law now expects of you, rather than because anything urgent is at risk. None of these are complicated, and none of them need to happen this week, but they are worth working through over the next month or two while the change is still front of mind.

A Few Things Worth Doing This Month

  • Pull out your bare trust deed and loan agreement and check they are both current, correctly signed, and describe the arrangement accurately. Grandfathering protects you, but only if your records clearly show what you actually have in place.
  • Hold off on refinancing until you have had a specific conversation with an adviser about your fund, even if a lender is offering you a good rate right now, and even if you suspect that offer might not be around for long.
  • If you are also planning any changes to your corporate trustee, a member’s account, or the fund’s investment strategy, mention the existing LRBA to whoever is helping you, so nothing gets restructured in a way that could accidentally be read as touching the arrangement itself.
  • Keep your rental statements, valuations, and improvement records in good order. This matters for your fund regardless of the LRBA changes, particularly with a broader capital gains tax valuation deadline approaching for property more generally in mid 2027.
  • If your loan is a related party arrangement, double check the interest rate and loan to value ratio still sit within the Tax Office’s safe harbour terms. This has always mattered, and it still does now.

None of this is about protecting yourself from a threat. It is closer to good housekeeping, the kind of thing worth doing whenever a law around you changes, even when your own situation is not actually affected by it. A little bit of tidying up now is far easier than trying to reconstruct paperwork later if a question ever comes up about exactly when your arrangement was put in place, and it means you can stop thinking about this and get back to the parts of managing your fund that actually need your attention.

If you would like a second set of eyes on your fund’s paperwork now that the rules have actually changed, or you simply want someone to confirm in plain language that your arrangement is one of the ones being left alone, that is exactly the kind of thing our SMSF team looks over for clients every week. A short conversation is usually all it takes to put your mind at rest, and it is a far better use of an afternoon than trying to interpret Senate press releases yourself.

Categories
SMSF

Same Rule, Three Different Outcomes: What Actually Counts as Business Real Property

Ask ten people what counts as a commercial property for SMSF borrowing purposes and you will probably get ten confident, and not entirely accurate, answers. The rule that actually decides this is called the business real property test, and it has quietly been part of superannuation law for close to three decades, tucked away in section 66 of the legislation that governs how super funds operate. It only became the centre of attention because from 10 August 2026 it is the one thing standing between a self managed super fund and a legal loan to buy property. Rather than starting with the legal definition, which reads like it was written to be skimmed past rather than understood, it is easier to get a genuine feel for it through three people who each thought they already knew the answer, and were not all correct.

The farmer who never had anything to worry about

Anthony and his wife run a grain and cattle property a few hours out of Wagga Wagga, a little over two hundred hectares, through their self managed super fund. There is a farmhouse on the land, the one Anthony grew up in, sitting on a modest block within the wider property, along with a shearing shed, machinery sheds, and several hundred head of cattle depending on the season. When the loan ban made headlines, Anthony assumed it applied to him too, purely because there is a house involved. It does not. Primary production land has long had a specific carve out in this area of the law, one that predates any of this year’s changes by decades. Provided the part of the property used for the house takes up no more than two hectares, and running the farm remains the clear main use of the land as a whole, the whole property still counts as business real property, house included. Anthony’s fund can keep its existing loan without a second thought, and could still take out a brand new one for more farmland if the opportunity came up, because nothing about his situation resembles the residential purchases this change was aimed at.

The shopkeeper doing exactly what the rule was designed for

Maria owns and runs a fish and chip shop in a small coastal town, and until recently she rented the building from a landlord she never met in person, watching her rent creep up every time the lease came up for renewal. Her self managed super fund bought the freestanding shop premises outright a couple of years ago, on a proper commercial lease back to her own business at a market rent set by an independent valuer. This is close to the textbook case of business real property. The building is used wholly and exclusively for a business, in this case her own, with no residential component anywhere on the title. Nothing about the residential loan ban touches this kind of arrangement at all, before or after 10 August, and Maria’s fund could go out tomorrow and borrow to buy a second shop the same way if the numbers stacked up.

The investor who assumed wrong

Glenn bought a small block of holiday letting units on the coast a few years ago, run through a booking platform and managed almost like a small hotel, complete with a cleaning roster and a booking calendar. The income was solid and business like, comparable to what a small motel might turn over, and when he went looking for finance to add a second block through his SMSF, he assumed it would be treated as commercial, since it was clearly generating money the way a business does. It was not treated that way, and he only found out when his loan application was knocked back by two different lenders in a row. The test does not look at how the income is earned, structured, or taxed. It looks at what the property physically is and how it is used day to day. People sleep in those units, they have bedrooms, bathrooms, and kitchens, and the fact that guests book through an app rather than sign a twelve month lease does not change what the premises actually are. Running a property in a business like way is not the same thing as the property itself being business real property.

The Actual Rule Behind All Three

From 10 August, the law adds a new condition to how a self managed super fund can borrow to buy real property. The asset now has to meet the existing definition of business real property, a term that has applied to related party property transactions in super law for a long time, well before this ban was ever proposed. Broadly, it means land and buildings used wholly and exclusively in one or more businesses, whether that is the fund member’s own business, as with Maria’s shop, or somebody else’s entirely, rented out to a stranger on a normal commercial lease. Offices, factories, warehouses, retail premises, medical suites, gyms, and working farms generally meet this test without much argument. Houses, units, townhouses, and other residential premises generally do not, regardless of how the income from them is structured, marketed, or taxed.

A useful way to think about it is to ask what the building would be advertised as if you saw it for sale tomorrow. A dental surgery, a mechanic’s workshop, a self storage facility, or a suburban medical centre would all be marketed as commercial premises, and would generally satisfy the test comfortably. A three bedroom house, even one currently being run as a short stay rental generating excellent income, would still be advertised and understood by everyone involved as a house.

The farming exception Anthony relies on is a genuine, long standing carve out rather than a loophole. A dwelling on primary production land does not disqualify the whole property, as long as the residential part stays small relative to the property overall, generally understood as no more than two hectares, and running the business remains the clear primary purpose of the land. It is one of the few situations where a property with a house on it can still pass a test that is otherwise built around excluding homes.

Properties Worth Getting Checked Before You Assume Either Way

Between Anthony’s clear yes and Glenn’s clear no, there is a genuine grey zone that catches people out more often than the straightforward cases do, usually because a property has elements of both a home and a business sitting on the same title.

A shop with a flat above it is a common one. If a meaningful part of the building is a self contained residence, complete with its own kitchen, bathroom, and separate entrance, even sitting above a clearly commercial ground floor shopfront, the wholly and exclusively test can fail for the building as a whole, rather than the commercial and residential parts being neatly separated and assessed on their own. It depends heavily on the specific layout, the proportion of floor space involved, and how the space is actually being used at the time.

Vacant land bought with a vague plan to eventually build something or lease it to a business does not usually qualify yet either, simply because there is no existing business use to point to. A block of industrial land sitting empty while development approval works its way through council, for instance, is a genuinely uncertain case, since the intended future use does not automatically count. The test looks at how the land is actually being used right now, not what somebody plans to do with it in three years’ time.

A commercial site with a caretaker’s cottage or on site staff accommodation is another one worth checking properly rather than assuming. A genuinely minor, incidental residence tied to running the business, like housing for a farm manager on a large agricultural operation, can sometimes sit comfortably within the exception. A more substantial, separately useable house on the same title is a different question, and one worth getting a specific answer to before you rely on an assumption either way.

A property under a change of use, such as an old church or warehouse being converted into apartments, sits in similarly uncertain territory. During the period it is genuinely still configured and used as its original commercial purpose, it may well qualify. Once the conversion progresses far enough that its practical use has shifted toward residential, even before the paperwork catches up, the test becomes much harder to satisfy, and timing an SMSF purchase around a project like this without proper advice is a genuine risk rather than a technicality.

It is worth knowing that this test is not brand new just because of the loan ban. It is the same test that has always decided whether a fund can buy a property directly from a member or a related party at all, loan or no loan, since super law has long banned funds from acquiring residential property from related parties regardless of how it is financed. That is part of why experienced real estate agents and conveyancers who deal with SMSF clients already know the phrase business real property well, even if most of the general public only started hearing it this year.

If your situation looks anything like these grey area examples rather than Anthony’s farm or Maria’s shop, it is worth having the property looked at properly before you assume it will, or will not, qualify. Getting this wrong in either direction is expensive, either because a loan application gets knocked back after you have already committed time and money to a purchase, or because a lender agrees to lend and the arrangement is later found not to meet the test during an audit. In our next article we walk through the practical side of this for business owners specifically, covering how to actually structure a purchase of your own business premises through your SMSF once you already know the property qualifies.