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Retail property Armageddon: Fear versus reality


Many SMSF investors have listed and unlisted exposure to commercial property in their portfolios and much of that is retail exposure so I was looking for some up to-date guidance on the Australian retail property sector specifically for a client and decided to share this article that I found from APN Funds Management  This is neither a recommendation nor a paid advertisement from APN, just me passing on what I felt was a good analysis of the current state of play in Australian retail property. So here goes:

Everyone shops on the Internet these days, don’t they? That’s why Armageddon looms for retailers and therefore investors in retail property.

If you’re looking for a reason why the share price of Retail AREITs in the ASX 300 are down 2.3% over the last two years, there’s your answer. You may also think these falls are justified. If so, we’d suggest you do three things.

The first is to take heed of the last 12 months performance. The retail sector is up 14% (even outperforming the overall AREIT market) as investors realise the value that has been created by the over selling of the sector.

The second is to visit your local super regional shopping centre, maybe Chadstone in Melbourne, Bondi Junction in Sydney or Carindale in Brisbane. On arrival, take a look around. It’s busy isn’t it? And how about those families, maybe three generations wide, engaging in an activity that is as much social as it is commercial?

These small groups are simply doing something together in a clean, convenient, climate controlled, secure and accessible environment. For them, shopping is not a chore. This is not something they want to substitute for online shopping, huddling around a mobile phone, looking at pictures of shoes.

Both activities might lead to a sale but there is a world of difference in the social activity and environment that precedes it.

The third suggestion is to consider the view of experienced investors that study shopping centre assets for a living and get their take on retail Armageddon.

Yes, there are such people, and APN Property employs quite a few of them. Between us, we have 84 years of commercial property investing experience.

We dig deep into the demand and supply dynamics that drive local retail property markets, analysing everything from personal income growth, population data and economic growth indicators to individual shopping centre performance, vacancy rates and rental growth.

For us, this is the only way to establish the attractiveness or otherwise of a retail property. If, for example, a particular property market has excess supply, low population growth, weak “buying power” (lower income levels) and low economic growth – it is best avoided.

It is our view that not only is Armageddon highly unlikely, the prevalence of the belief that it is, offers an opportunity.

Let me explain why. Our AREIT valuation process includes a property-by-property risk analysis, drawing on pertinent local market data, ABS and Census data for specific areas and property specific information. We also seek to understand Australia’s high level retail property market dynamics.

This approach delivers a very different picture from the narrative seeping into the mainstream media, foretelling empty shopping centres, declining retail brands and the end of shopping as a social activity.

This is what our research tells us about Australia’s current retail property markets:

  1. The Melbourne regional shopping centre market is typified by low per capita supply, driven by the strongest population growth and Gross State Product (GSP). It is also enjoying below average new supply across all retail sectors. This is an attractive market ripe with investment opportunities.
  2. The same cannot be said of south east Queensland, a market typified by an excess supply of all categories of retail property, especially in the vulnerable sub-regional centre category. The region also suffers from below average GSP and only average population growth. The current supply phase is well in excess of national averages across most sectors and will likely compound return weakness in the region.
  3. In Perth, a large pipeline of new retail space is in development, a “catch up” following years of oppressive town planning restrictions and retail trading laws stifling the market. As a consequence, a number of existing centres are experiencing major extensions, including Mandurah Forum, Westfield Carousel, Midland Gate Shopping Centre, Booragoon and Karinyup. This new supply looks excessive but being aware of the historic context makes us more comfortable.
  4. In Sydney, the market has elevated levels of new Neighbourhood and Large Format space being built. But compared with the rest of Australia there appears to be less of the weak sub-regional shopping centre space and less new supply looming. And Sydney’s higher than average regional space provision appears consistent with the population’s superior spending power.

It hardly sounds like Armageddon, does it? In Australian retail property, overall growth is broadly positive, current supply is not excessive (in an absolute sense – relative to other developed, comparable markets around the world) and neither is new supply excessive.

South east Queensland has some challenges and Melbourne is fundamentally strong but overall Australia’s retail property market is well positioned for slow and steady growth. Armageddon appears unlikely.

Retail property is not dead. We are, however, witnessing a cyclical slowdown. Different to past cycles, it has been confused by less experienced investors as a structural issue.

It’s this kind of measured, fact-based analysis that you won’t read about in the media. Instead, Amazon’s arrival has led to a kind of scaremongering that defies reality. Professional investors like us enjoy and aim to profit from the disparity, as we hope will investors in APN’s AREIT Fund. The headlines point one way, the facts quite another. Personally, I prefer facts.

This article has been prepared by APN Funds Management Limited (ACN 080 674 479, AFSL No. 237500) for general information purposes only and without taking your objectives, financial situation or needs into account. You should consider these matters and read the product disclosure statement (PDS) for each of the funds described in this article in its entirety before you make an investment decision. The PDS contains important information about risks, costs and fees associated with an investment in the relevant fund. For a copy of the PDS and more details about a fund and its performance,

Looking for an adviser that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options. Do it! make 2016 the year to get organised or it will be 2026 before you know it.

Please consider passing on this article to family or friends. Pay it forward!

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

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by SMSF Coach - Liam Shorte on September 4, 2018  •  Permalink
Posted in Binding Death Nominations, Estate Planning, SMSF Management, Trustee
Tagged A-REIT, Account Based Pension, APN, Asset Allocation, Baulkham Hills, BDBN, Binding Death Benefit Nomination, Binding Death Nomination, budget, Castle Hill, DIY Research, DIY Super, Dural, Estate Planning, Hawkesbury, income planning, Investment, Investment Strategy, pension phase, property, property research, protection, reset pensions, retail property, Retire, Retirement Planning, Self Managed Superannuation Fund, SMSF, superannuation, Transition to Retirement, trust deed, trust deed updates, Trustee, update trust deed, Windsor

Posted by SMSF Coach - Liam Shorte on September 4, 2018

https://smsfcoach.com.au/2018/09/04/retail-property-armageddon-fear-versus-reality/

SMSF Research – BITCOIN, DOLLARS, GOLD: What Is the Future of Money?


I am being inundated by queries from young men aged 20-40 looking to learn more about Bitcoin and then a cohort of traditional SMSF trustees aged 40-70 who have an interest in alternative investments and especially Gold who now want to at least know more about Bitcoin and cryptocurrencies in general. so when I came across this latest paper dealing with both subjects from my good mate Jordan Eliseo, Chief Economist at ABC Bullion I twisted his arm to let me share it to my readers.

The key finding of his paper are:

KEY FINDINGS

  • Blockchain technology has serious real world applications – it is here to stay
  • Given valuations in broader financial markets, it can make sense to speculate in the cryptocurrency market with a small portion of one’s wealth
  • Cryptocurrencies like Bitcoin are money today, but whether that status will endure remains to be seen
  • Physical gold remains the simplest and most effective hedge against the monetary, market, and macroeconomic risks that investors confront today

I recommend that you read Jordan’s full report here:

BITCOIN, DOLLARS, GOLD: What Is the Future of Money?

Now, if you are determined to go ahead and invest in Bitcoin or other cryptocurrencies then you need to do some serious groundwork.

NOTE: I DO NOT RECOMMEND CRYPTO CURRENCIES AS A SUITABLE  INVESTMENT FOR AN SMSF, I AM JUST MAKING SURE THAT THOSE WHO DO INVEST DO IT COMPLIANTLY

How the SMSF regulations affect investing in Bitcoin, Ethereum or other cryptocurrencies

SMSF Professionals and Trustees should be well aware of the restrictions placed on the investment choices of SMSFs by the Superannuation Industry (Supervision) Act 1993 and supporting regulations.  The Australian Taxation Office (ATO) is in charge of the administration of these rules and they have issued this guidance on their website:

Tax treatment of crypto-currencies in Australia – specifically bitcoin

Although there are not yet any formal rulings from the ATO clarifying how the rules apply to Bitcoin, there are a number of Tax Determinations that help guide any SMSF Trustees considering investing in bitcoins.

  • TD 2014/25 Income tax: is bitcoin a ‘foreign currency’ for the purposes of Division 775 of the Income Tax Assessment Act 1997 (ITAA 1997)
  • TD 2014/26 Income tax: is bitcoin a CGT asset for the purposes of subsection 108-5(1) of the Income Tax Assessment Act 1997 (ITAA 1997)
  • TD 2014/27 Income tax: is bitcoin trading stock for the purposes of subsection 70-10(1) of the Income Tax Assessment Act 1997 (ITAA 1997)
  • GSTR 2014/3 Goods and services tax: the GST implications of transactions involving bitcoin.

Considerations before investing in Bitcoin:

  • Is it right for your needs and objectives? Consider if  an investment in Bitcoin would satisfy the ‘sole purpose test’? – Are you honestly investing in it for your retirement?
  • In your circumstances does Bitcoin investing suit your risk tolerance (and the other member’s of your SMSF) and have you done enough research to validate your investment decision,
  • Does you Trust Deed allow for investing in  bitcoins or cryptocurrencies. Read your deed and maybe ask the trust deed provider.
  • Talk to your fund’s auditor before proceeding as they have to sign off on the investment’s validity annually so better to run the strategy by them upfront.

They may ask you to verify the following:

  • If you wish to proceed with a purchase then have you amended your SMSF’s investment strategy to cater for this investment? Click the link for more details.
  • Trap: Make sure you know who is in ‘control’ the bitcoins? All assets must be clearly in the name/control of the trustees of the fund
  • How would the SMSF acquire the bitcoins? Do not acquire them from yourself or a “related party”
  • How secure is the exchange/wallet you are storing your cryptocurrencies in. Some have been hacked and coins lost.

No matter what it is essential to do you research and not take a gamble with your retirement nest egg unless you have covered all your bases. 

Audit Tip:

Auditors and trustees can have access to the single public ledger that records Bitcoin. Websites such as Blockchain, BlockExplorer and Blockonomics allow input of a transaction ID to get detailed data of that Bitcoin transaction. Third party verification for auditors is therefore also possible. You can obtain a transaction list from the SMSF wallet provider and verify each holding. I am sure further tools will become available.

Here is another article worth reading as part of your research:

Bubbles, busts, investor psychology…and bitcoin by Shane Oliver

Looking for an adviser that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options. Do it! make 2016 the year to get organised or it will be 2026 before you know it.

Please consider passing on this article to family or friends. Pay it forward!

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

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by SMSF Coach - Liam Shorte on November 21, 2017  •  Permalink
Posted in Asset Allocation, Botcoin, International Investing, Investment Strategies, SMSF Management, Trustee
Tagged Account Based Pension, Asset Allocation, Baulkham Hills, Bitcoin. bitcoins, budget, Castle Hill, crypto-currency, cryptocurrencies, cryptocurrency, DIY Super, Dural, ethereum, Hawkesbury, income planning, Investment, Investment Strategy, pension phase, protection, reset pensions, Retire, Retirement Planning, Self Managed Superannuation Fund, SMSF, SMSF Bitcoin, superannuation, Transition to Retirement, trust deed, trust deed updates, Trustee, update trust deed, Windsor

Posted by SMSF Coach - Liam Shorte on November 21, 2017

https://smsfcoach.com.au/2017/11/21/smsf-research-bitcoin-dollars-gold-what-is-the-future-of-money%ef%bb%bf/

3 SMSF Estate Panning issues clarified in recent Binding Death Benefit Case


It always amazes me that very often when I take an SMSF under my advice that I find that the estate planning and use of Binding Death Benefit Nominations has been haphazard, lacking in essential detail, ignorant of the SMSF deed requirements  or just missing. People spend their lives amazing a nestegg only to be lax in ensuring it goes to who they want when they die.

A recent decision has clarified three issues regarding the validity of binding death benefit nominations. I have relied on the following summary from Townsend Law’s Michael Hallinan for interpretation of the decision.

A recent decision of the South Australian Court of Appeal (Cantor Management Services Pty Ltd  v Booth  [2017]) has passed important comment on no less than three different issues regarding the validity of a binding death benefit nomination (BDBN).

The critical issue was whether a BDBN was valid.  If valid, then the death benefit was payable to the estate of the deceased member. If invalid, then the trustee would decide the allocation of the benefit.

The validity turned upon the issue of whether the BDBN had been served on the corporate trustee.  The BDBN had been signed by the member and then left in the possession of the accountants of the SMSF at their office which was also the registered office of the corporate trustee.

Issue No 1

The sole director of the corporate trustee had argued that as the BDBN had not been provided to the director nor had the accountants been expressly authorised to accept and hold the BDBN on behalf of the corporate trustee, then the BDBN had not been properly served on the corporate trustee.

The Court did not accept the argument put by the corporate trustee. The Chief Justice held that it was sufficient to constitute service on the corporate trustee for the BDBN to be held by the accountants of the SMSF at the registered office of the corporate trustee.  The other justices agreed with the Chief Justice.

Issue No 2

The second issue was that the Court opined that the accountants had a duty to keep the BDBN safe and also had a duty to bring to the attention of the trustee of the SMSF that they held the BDBN.  If the Court had held that service had not been properly effected, the defendant may have been able to sue the accountants for their negligence in failing to advise the trustee that they were holding the BDBN.  Luckily for them the Court said that service was good anyway.

Issue No 3

The third issue was that Court agreed with the decision of Munro v Munro, which held that SIS regulation 6.17A does not apply to SMSFs (unless the trust deed of the SMSF explicitly or implicitly incorporates the regulation). It is surprising that a few industry die-hards still argue that reg 6.17A might still apply to SMSFs despite the number of times the courts have said otherwise.

The original article by  Michael Hallinan of Townsends Business & Corporate Lawyers can be found here and you can contact them on (02) 8296 6222. I highly recommend signing up for their newsletter.

Make sure to check your with your own current death benefit arrangements or contact us for a review. 

Looking for an adviser that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options. Do it! make 2016 the year to get organised or it will be 2026 before you know it.

Please consider passing on this article to family or friends. Pay it forward!

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

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by SMSF Coach - Liam Shorte on October 5, 2017  •  Permalink
Posted in Binding Death Nominations, Estate Planning, SMSF Management, Trustee
Tagged Account Based Pension, Asset Allocation, Baulkham Hills, BDBN, Binding Death Benefit Nomination, Binding Death Nomination, budget, Castle Hill, DIY Super, Dural, Estate Planning, Hawkesbury, income planning, Investment, Investment Strategy, pension phase, protection, reset pensions, Retire, Retirement Planning, Self Managed Superannuation Fund, SMSF, superannuation, Transition to Retirement, trust deed, trust deed updates, Trustee, update trust deed, Windsor

Posted by SMSF Coach - Liam Shorte on October 5, 2017

https://smsfcoach.com.au/2017/10/05/3-smsf-estate-panning-issues-clarified-in-recent-binding-death-benefit-case/

15 Reasons to update your SMSF Deed for new strategies in 2017


I knew with all the recent changes to Superannuation that many of my clients would need to update their SMSF Trust Deeds and started doing my research for a blog. Then I came across a recent blog from Dr. Brett Davies at Legal Consolidated today and I could not really improve on it. So with his permission, I am re-blogging his content here.

Self-Managed Super Fund (SMSF) Deeds previously required updates in:

–   1999 – ‘Excluded Funds’ became ‘Self-Managed Super Funds’, preservation & in-house assets

–   2007 – ‘Simpler Super’

–   2017 – Legislation passed in 2016, requires the changes below

The 15 changes to SMSF Deeds required after the 2016 Budget are to:

  1.  Internally ‘rollback’ pensions to accumulation;
  2.  Segregate assets between accumulation and pension phases;
  3.  Reject contributions;
  4.  Refund contributions;
  5.  Deal with excess transfer balance tax and excess non-concessional contributions;
  6.  Allow income streams and Account Based Pension (grandfathered);
  7.  Specify guardians for incapacity and death;
  8.  Identify the Power of Attorney when living overseas for more than 2 years;
  9.  Resettle pensions with flexible timing without mingling with accumulation account;
  10.  Allow reversionary beneficiary nominations;
  11.  Provide for CGT relief;
  12.  Deal with segregated and unsegregated assets;
  13.  Cease or keep Transition to Retirement Income Streams;
  14.  Calculate member balances, across different funds; and
  15.  Calculate internal pension rollbacks to accumulation.

These SMSF updates are all required to give maximum flexibility to your accountant and adviser.

Why does my SMSF Specialist Advisor / Accountant want to apply these SMSF updates?

Pre-2012 SMSF Deeds fail to deal with these 10 issues:

  1. Removing clauses requiring the Trustee to do something that is no longer legal or beneficial;
  2. Changing the sections that are ‘regimented’ with unnecessary rules vs being ‘permissive’. There is no point stating mandatory SIS requirements. In fact, it is dangerous to re-state legislation. This is because it dates your deed;
  3. Accounting for an increased concessional contribution cap;
  4. Removing insurance cover where the conditions are out of date;
  5. Incorporating clauses about losing the pension at death or when the minimum payment has not been made;
  6. Allowing for excess concessional contributions taxed at member’s marginal rate (-15% offset);
  7. Updating the Investment Strategy to incorporate the ATO’s new Audit approach;
  8. Changing market valuation clauses to leave the mechanism for the Accountant;
  9. Allowing remuneration for non-trustee duties; and
  10. Allowing non-lapsing Death Benefit Nominations.

Update your Deed to ensure your SMSF is compliant. Then you get the most out of your SMSF.

There is no risk of resettlement

‘Resettlement’ is when you create a new ‘trust estate’ out of an old trust. This applies to SMSFs and causes significant tax implications. However, there is no risk of resettlement under the High Court authority of Commercial Nominees (2010).

Updating your SMSF Deed through Legal Consolidated does not result in the resettlement of your SMSF.  We retain the parts of the old Deed that are required by legislation and previous court decisions. But this does not affect a resettlement.

Make sure to check your with your own current deed provider or ask your adviser to check out Legal Consolidated’s offer.

Looking for an adviser that will keep you up to date and provide guidance and tips like in this blog? Then why now contact me at our Castle Hill or Windsor office in Northwest Sydney to arrange a one on one consultation. Just click the Schedule Now button up on the left to find the appointment options. Do it! make 2016 the year to get organised or it will be 2026 before you know it.

Please consider passing on this article to family or friends. Pay it forward!

Liam Shorte B.Bus SSA™ AFP

Financial Planner & SMSF Specialist Advisor™

SMSF Specialist Adviser 

 Follow SMSFCoach on Twitter Liam Shorte on Linkedin NextGen Wealth on Facebook   

Verante Financial Planning

Tel: 02 98941844, Mobile: 0413 936 299

PO Box 6002 BHBC, Baulkham Hills NSW 2153

5/15 Terminus St. Castle Hill NSW 2154

Corporate Authorised Representative of Viridian Select Pty Ltd ABN 41 621 447 345, AFSL 51572

This information has been prepared without taking account of your objectives, financial situation or needs. Because of this you should, before acting on this information, consider its appropriateness, having regard to your objectives, financial situation and needs. This website provides an overview or summary only and it should not be considered a comprehensive statement on any matter or relied upon as such.

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3 Comments
by SMSF Coach - Liam Shorte on March 10, 2017  •  Permalink
Posted in SMSF Management, Trustee
Tagged Account Based Pension, Asset Allocation, Baulkham Hills, budget, Castle Hill, DIY Super, Dural, Hawkesbury, income planning, Investment, Investment Strategy, pension phase, protection, reset pensions, Retire, Retirement Planning, Self Managed Superannuation Fund, SMSF, superannuation, Transition to Retirement, trust deed, trust deed updates, Trustee, update trust deed, Windsor

Posted by SMSF Coach - Liam Shorte on March 10, 2017

https://smsfcoach.com.au/2017/03/10/15-reasons-to-update-your-smsf-deed-for-new-strategies-in-2017/

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