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Current as of FY2025-26

SMSF Property Investment Rules: What You Need to Know in 2026

SMSF property investment has strict rules. Breaking them can mean serious ATO penalties. Here's what you can and can't do - explained clearly.

By Adel Pearce · Last updated: 2026-03-29

The 5 Key Rules

1. You Cannot Live in the Property

Under the Superannuation Industry (Supervision) Act 1993, SMSF residential property must be rented to an unrelated tenant at market rates. You, your partner, and any related party cannot live in it, use it as a holiday home, or benefit from it personally.

Penalty: Fund may be made non-complying - triggering tax of up to 45% on all fund assets.

2. Sole Purpose Test

Everything inside your SMSF must be for the sole purpose of providing retirement benefits to fund members. The property must be a genuine investment - not for personal enjoyment or family use.

3. LRBA Borrowing Rules

SMSF property loans must use a Limited Recourse Borrowing Arrangement (LRBA). The property is held in a separate 'bare trust' until the loan is fully repaid. The lender can only claim the property if you default - not your other super assets.

4. Renovation Restrictions

While an LRBA loan is active, you cannot make major renovations or structural changes to the property. Minor repairs and maintenance (fixing a tap, repainting) are fine. Once the loan is paid off, renovation rules become more flexible.

5. Annual Compliance

Your SMSF must be audited annually by an independent auditor. You need to maintain proper records, file annual returns, and ensure your investment strategy is up to date. At Delphi & Co, we help clients stay compliant through our annual review process.

2026 Contribution Caps & Thresholds

Measure2025-26 AmountNotes
Concessional contributions cap$30,000/yearEmployer + salary sacrifice + personal deductible
Non-concessional contributions cap$120,000/yearAfter-tax contributions
Transfer balance cap$1,900,000Maximum that can move to pension phase
Maximum SMSF members6 membersIncreased from 4 in recent years

Source: ATO, current as of FY2025-26. These caps are indexed and may change.

Frequently Asked Questions About Rules

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