Buying a Second Commercial Property Through Your SMSF While You're Still Mid-Lease | Probiz Finance

SMSF Property Finance

Buying a Second Commercial Property Through Your SMSF While You're Still Mid-Lease

You're locked into your business lease for a few more years, and a commercial property just came up around the corner. Can your self-managed super fund buy it, lease it to someone else for now, and set you up for later? Here's how it works after the August 2026 rule change.

Two nearby commercial buildings On the left, a leased workshop with a lease clock showing years remaining. On the right, a commercial unit two streets away owned by an SMSF and occupied by a business tenant. Leased premises two streets away SMSF-owned Tenant business

Short answer: Yes, it can be possible. An SMSF can still borrow through a limited recourse borrowing arrangement (LRBA) to buy commercial property, but since 10 August 2026 the property must be business real property at the time the loan is entered into. In practice that means land and buildings used wholly and exclusively in a business. A property already occupied by a business tenant is often the cleaner fit. And while you're still bound by your own lease, leasing it to an unrelated business at market rent can suit your timeline well. Your SMSF buys it, not you, and the fund's advisers need to confirm it fits the rules and your fund's strategy before you sign anything.

672,805
SMSFs in Australia at March 2026
$1.06T
total estimated SMSF assets
85%
of SMSF members are 45 or older
10 Aug 2026
new LRBAs over real property limited to business real property

Sources: ATO SMSF quarterly statistical report highlights, March 2026 (published 16 June 2026); ATO, Changes to limited recourse borrowing arrangements.

Plenty of business owners reach the point where paying rent feels like the wrong way round. The catch is timing. You can't just walk away from a lease with years left on it, and the right property rarely waits for your lease to end. This guide follows one composite business owner, John, through that exact situation.

Meet John — illustrative example

A good business, a long lease, and a property he didn't want to miss

John runs an established joinery workshop in Melbourne's south-east. Business is steady, his team is growing, and he has about three years left on his current lease.

Two streets away, a small warehouse unit comes up for sale. It's already leased to an electrical wholesaler. It's close to his customers and suppliers, and exactly the kind of place he'd want to move into one day.

John's cash is tied up in the business, but he and his wife have built a healthy balance in their SMSF. His first thought is simple: "I'll use my super to cover the deposit, buy the unit, and move in once my lease is up."

John is a composite character created to illustrate a common scenario. He is not a real client.

What John thinks, what's actually happening, and what to do

What John thinks

His super can top up the deposit on a property he buys for himself or his business.

What's actually happening

An SMSF can't lend money or give financial assistance to its members. If super is used, the fund itself is the buyer, and the property becomes a retirement asset.

What to do

Decide who should own the property before you look at finance. If it's the SMSF, check the property qualifies and the purchase fits the fund's investment strategy.

That shift in thinking matters, because everything else follows from it. The fund's balance, the fund's borrowing capacity and the fund's rules now drive the deal, not John's personal finances.

Weighing up a similar property right now? A short call can help you work out whether the SMSF route is worth taking to your accountant and adviser.

Book a call with Pooja

The rule that changed on 10 August 2026

For years, SMSFs could use an LRBA to borrow for residential or commercial property. That window has narrowed. According to the ATO, LRBAs haven't been banned. What's changed is which real property they can be used for.

Before 10 August 2026

  • New LRBAs could be used for residential or commercial real property
  • Business use of the property wasn't a condition of borrowing

From 10 August 2026

  • New LRBAs over real property must be over business real property
  • The test applies at the time the LRBA is entered into
  • It applies whether the lender is a bank, a non-bank or a related party
  • Contracts exchanged before 10 August 2026 aren't caught, even if they settle later

The ATO also notes that a contract changed so significantly that its fundamental terms no longer exist may be treated as a new arrangement. Industry bodies such as the MFAA report that existing LRBAs continue, and can be refinanced, under the previous rules.

Does the property count as business real property?

This is the question John's whole plan now rests on. Business real property generally means land and buildings used wholly and exclusively in one or more businesses. The business doesn't have to be yours. An unrelated tenant running a business from the property can count. Whether a specific property qualifies is a question of fact, so it needs to be confirmed for each property. Here's how the common situations tend to sit.

Usually a clearer fit

A commercial unit, warehouse, office or shop fully occupied by a business tenant under a commercial lease, like the unit John found.

Needs a closer look

A vacant commercial property (because the test applies when the LRBA is entered into), shop-top properties with a residence upstairs, or sites with any private or residential use.

Won't qualify for a new LRBA

Houses and apartments leased to residential tenants. An SMSF may still buy these with its own cash, subject to the fund's strategy and the other super rules, but not with a new LRBA.

This is a general guide, not a determination. Your SMSF accountant or adviser should confirm business real property status for the specific property before contracts are signed.

How an SMSF property purchase with an LRBA is structured The SMSF trustee pays the deposit and repayments. A separate holding trust holds the property. The lender lends to the SMSF with recourse limited to the property. The business tenant pays rent to the SMSF. Your SMSF trustee · buyer · borrower Holding trust holds legal title to the property Lender recourse limited to the property Commercial property business real property Business tenant market rent, written lease rent paid to the fund title held in trust
A simplified view of an LRBA. The fund is the buyer and borrower, a holding trust holds the property, and the lender's recourse is limited to that one asset.

Can your super really cover the "deposit shortfall"?

This is where many plans come unstuck. The super can't flow out of the fund to help you buy. But the fund can buy in its own right, using its own balance as the contribution and, where eligible, an LRBA for the rest.

What your SMSF may be able to do

  • Buy eligible business real property in the fund's name, through a holding trust if borrowing
  • Use the fund's own cash towards the purchase and costs
  • Lease the property to an unrelated business at market rent
  • Later lease business real property to a related party, such as your business, on arm's length terms

What it can't do

  • Lend money or give financial assistance to you or your relatives
  • Top up a deposit on a property you or your business buy personally
  • Give anyone associated with the fund a present-day benefit from its investments
  • Use a new LRBA for property that isn't business real property

Lenders assess SMSF loans differently from a standard commercial property loan, and deposit expectations are often higher. The exact requirements depend on the lender, the fund and the property, and are confirmed through a formal application.

Why the mid-lease timing can actually work in your favour

John's first instinct was that his lease was the problem. Looked at another way, it's what makes the structure make sense. He can't move in yet anyway, and the unit already has a business tenant. The rent comes into the fund, and the property is in business use from day one.

John's timeline Year 0: John's SMSF buys the tenanted unit while John stays in his leased premises. Years 1 to 3: the unrelated tenant pays market rent to the fund. Year 3: John's lease ends and, subject to advice, his business could lease the unit from the fund at market rent. Now SMSF buys the unit already business-tenanted John stays in his current leased premises Years 1–3 unrelated tenant pays market rent rent and contributions support the fund's repayments Lease ends a future option, not a given business may lease from fund at market rent, with advice
An illustrative timeline only. Whether and when a related-party lease makes sense depends on the existing tenant's lease terms, the fund's position and advice at the time.

If John's business later leases the unit from his SMSF, the ATO requires the lease to be on an arm's length basis at market value. Business real property leased to a related party is an exception to the in-house asset rules, which otherwise cap those assets at 5% of the fund. In practice, auditors expect a written lease, rent set by independent market evidence, and rent actually paid on time. Getting this wrong can mean the fund's rental income is taxed at a much higher rate.

Five steps before you sign anything

  1. Check the fund, not just the property

    Confirm with your SMSF accountant or licensed adviser that buying property fits the fund's investment strategy, its liquidity needs and the members' retirement plans.

  2. Confirm business real property status

    Look at how the property is used right now. Get the current tenant's lease, check for any residential or private use, and ask your adviser to confirm status before exchange.

  3. Get a finance assessment early

    Not every lender offers SMSF property loans, and those that do assess the fund's balance, liquidity and the property differently. Knowing where you stand before you make an offer saves time and false starts.

  4. Set up the structure in the right order

    Where borrowing is involved, the holding trust and the contract need to be in the right names from the start. Your solicitor and accountant will coordinate this with the lender.

  5. Review the existing tenancy

    Check the tenant's lease term, rent reviews and options. These shape the fund's income and decide when, or whether, your own business could move in later.

What lenders will want to understand about the fund

The fund's position

Current balance, how much would remain after the purchase, and the fund's other investments.

Income to service the loan

The tenant's rent and the members' ongoing contributions into the fund.

The property itself

Location, type of use, the existing lease and an independent valuation.

The structure

The trust deed, trustee arrangement and holding trust, set up correctly for an LRBA.

The team behind an SMSF property purchase John at the centre, connected to an SMSF accountant, a licensed financial adviser, a solicitor, and a finance broker. You and your SMSF SMSF accountant Licensed adviser Solicitor Finance broker
SMSF property is a team decision. The broker's role is the finance: finding lenders that offer SMSF loans and presenting the fund's application clearly.

Back to John

How it played out — illustrative example

Once John understood that the fund, not him, would be the buyer, the conversation changed. His accountant confirmed that owning commercial property fitted the fund's strategy. His adviser checked that the unit was fully used by the wholesaler's business, so it looked like business real property.

He booked a finance conversation before making an offer. That helped him understand which lenders offered SMSF loans for this kind of property, what the fund would need to show, and how the existing tenant's lease would be viewed.

John is still in his current workshop. The wholesaler's rent goes to the fund. When his own lease ends, he'll review with his advisers whether moving in makes sense, at market rent, with a proper written lease.

John's situation is an illustrative composite, not a specific client case. It is not a prediction of any outcome.

Does John's situation sound like yours?

This guide is likely relevant if two or more of these apply:

  • You run a business and still have time left on your commercial lease
  • You've spotted a commercial property near your business, or expect to soon
  • Your SMSF has a meaningful balance, but your personal cash is tied up in the business
  • You'd like your business to own its premises one day, rather than rent forever
  • You're not sure how the August 2026 changes affect your plans

Frequently asked questions

Can an SMSF still borrow to buy commercial property after 10 August 2026?

Yes, where the property is business real property at the time the LRBA is entered into. The ATO has confirmed LRBAs are not banned. The change limits new real property LRBAs to business real property.

Can my SMSF buy a property and lease it to an unrelated business?

Generally yes. A commercial property used wholly and exclusively by a business tenant, including an unrelated one, can meet the business real property definition. The lease should be on commercial terms at market rent.

Can my own business rent the property from my SMSF later?

It can be possible. Business real property leased to a related party is an exception to the in-house asset rules, but the lease must be on an arm's length basis and reflect market value. Your adviser and auditor will expect a written lease and market rent evidence.

Can I use my super to pay the deposit on a property I buy personally?

No. An SMSF generally can't lend money or provide financial assistance to members or their relatives. If super is used, the fund itself must be the buyer and the property is held for the members' retirement.

What if the commercial property I like is vacant?

Take extra care. The business real property test for a new LRBA applies when the LRBA is entered into, so a vacant property needs specific advice before contracts are signed.

My SMSF already has a residential property loan. Is it affected?

Arrangements entered into before 10 August 2026 continue under the previous rules, and industry guidance indicates refinancing on substantially the same terms remains available. Changes such as a top-up could be treated as a new arrangement, so check with your adviser first.

Does Probiz Finance give SMSF or superannuation advice?

No. Probiz Finance is a finance broker. We help with the lending side: finding lenders that offer SMSF loans and preparing the application. Whether an SMSF should buy property is a decision for you and your licensed financial adviser and SMSF accountant.

Have a property in mind, and a lease that isn't finished yet?

Pooja Choudhary spent years in business and commercial lending at NAB and ANZ before founding Probiz Finance. Bring your scenario, your timing and your questions. She'll help you understand what the lending side could look like and what to take to your accountant and adviser.

No-obligation conversation. General information only. It isn't financial, tax or superannuation advice.

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Sources

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