<a href="https://www.apartments.com.au/developers/sunland-group">Sunland Group</a> has officially lodged plans for its first Gold Coast apartment project since the departure of the Abedian family from the company three years ago, unveiling a new high-rise proposal for a prominent Broadbeach corner site on Old Burleigh Road.

The application was submitted by an entity directed by Tom Jamieson, stepson of longtime Sunland leader Soheil Abedian, and Riaz Rezvanipour, brother-in-law of Sahba Abedian, Soheil’s son.

Sunland acquired the 1,283 sqm site on the corner of Old Burleigh Road and Armrick Avenue for $9.5 million late last year and is now seeking approval for a <a href="https://www.apartments.com.au/new-apartments/99-101-old-burleigh-road-broadbeach-qld-4218">42-storey tower with 81 apartments</a>.

<img alt="First look: Sunland Group returns to Broadbeach with new Old Burleigh Road tower plans" data-entity-type="file" data-entity-uuid="fea2946d-90ee-4cfc-babe-2a8ad5db2cb6" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/pers.png?VersionId=BV0fihJw31nDIQ8ozY_h3GbS8mxDyhnm" />

Designed by <a href="https://www.apartments.com.au/architects/contreras-earl-architecture">Contreras Earl Architecture</a>, the proposed tower at 99-101 Old Burleigh Road would deliver a predominantly larger-format apartment mix aimed at the owner-occupier market. Plans include 17 two-bedroom apartments, 55 three-bedroom apartments, and nine four-bedroom residences across 35 residential levels.

The development also incorporates three basement levels, four podium parking levels, two levels of communal recreation facilities, and rooftop plant and equipment. A total of 189 car spaces are proposed, significantly exceeding the 90 spaces required under the planning scheme.

The architecture adopts a sculpted, curvilinear form, with deep wraparound balconies and integrated landscaping intended to soften the tower’s vertical expression. The planning report states the building’s “slender footprint/form provides a complimentary yet varied built form within the local streetscape” and contributes to “a varied, yet ordered skyline.”

Contreras Earl noted in its Architectural Statement that from the early stages, the project addressed a fundamental challenge: how to accommodate the required residential yield while avoiding the conventional model of a tower sitting on a rigid, fully resolved parking podium.

“The most direct response would have been to consolidate parking into a singular, flat podium and extrude a repetitive tower above,” the statement said. “While efficient, this approach would result in a consolidated built form with limited engagement with the surrounding landscape and public realm.”

Instead, the conventional podium model was “deliberately rejected”. The architects described the base of the building as “a landscaped architectural condition where structure, planting and circulation are integrated”.

“Rather than presenting a continuous built mass, the base of the building is articulated through a series of concrete planter elements that organise the podium into a fragmented system,” the statement said. “This approach reduces the perceived bulk of the lower levels while establishing a more permeable interface with the streetscape and adjacent open space.”

<img alt="Sunland" data-entity-type="file" data-entity-uuid="923fad8d-c960-4527-8fbe-975cf1ddf88d" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-25%20at%2010.32.03%E2%80%AFAM.png?VersionId=pngwb0hYOIUpq9vDw6F2EsOiVuHF3DiX" />

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The site sits within the High Density Residential Zone and inside the City of Gold Coast’s unrestricted “HX” building height area, where the planning framework anticipates intensified residential development tied to the expanding light rail corridor. The planning report notes the area is undergoing “transition toward more intense development forms” given its proximity to Broadbeach, Surfers Paradise, and high-frequency public transport infrastructure.

Positioned directly opposite Broadbeach Park and within walking distance of Florida Gardens light rail station, the development would sit among a rapidly evolving stretch of Old Burleigh Road that has become one of the Gold Coast’s most active apartment development corridors.

The application joins a growing pipeline of luxury residential projects reshaping Broadbeach, including nearby developments by 5Point Projects, Polycell, and Graya.

The planning report argues the project contributes toward the Gold Coast’s long-term housing targets under the South East Queensland Regional Plan, which forecasts the need for more than 100,000 additional high-rise dwellings across the city by 2046.

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The Abedian family departed Sunland Group in late 2023, ending a four-decade association with the company, and subsequently established the private development firm Abedian &amp; Co. The group is currently delivering <a href="https://www.apartments.com.au/new-apartments/greenmount-residences-cnr-hill-street-and-marine-parade-coolangatta-qld-4225">Greenmount Residences</a> at Rainbow Bay and recently launched <a href="https://www.apartments.com.au/new-apartments/18-mary-avenue-14-18-mary-avenue-broadbeach-qld-4218">18 Mary Avenue</a> in Broadbeach.
</section>

Joel Robinson

First look: Sunland Group returns to Broadbeach new apartment market with new Old Burleigh Road tower plans

The Minns Labor Government has established the new Bays West Delivery Authority to lead the development&nbsp;of the Bays West Precinct and Blackwattle Bay Precinct.&nbsp;

The Authority is charged with creating Sydney’s newest precinct, a thriving, connected, sustainable hub with White Bay Power Station as its cultural heart. Its vision is to build on the area’s natural, cultural and industrial history to shape a vibrant new neighbourhood.

The precinct will deliver up to 8,500 well-located homes, including a minimum of 10 per cent affordable and essential worker homes. Combine new housing with public open space, opening public access to the waterfront for the first time in more than 100 years, while retaining important deep-water facilities to support Sydney’s working harbour.

Located just minutes from the Sydney CBD and connected to a world-class metro, ferry, walking and cycling links, the Bays West precinct will rebalance housing growth towards well-serviced inner-city locations and help tackle the state’s housing crisis.

The Bays West Delivery Authority,&nbsp;an agency of the Department of Planning, Housing and Infrastructure, will report to the NSW Minister for Lands and Property who already has oversight of major precinct renewal projects including at Blackwattle Bay and Barangaroo.

As part of the broader Bays West transformation, the Minns Government recently announced that a proposal from Lendlease to redevelop part of the Bays West Precinct has progressed to Stage 2 of the NSW Government’s unsolicited proposals process.

<img alt="Sydney" data-entity-type="file" data-entity-uuid="2ed71eb9-d8e8-4fa7-b9d1-de4531dcf2f3" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-25%20at%209.42.31%E2%80%AFAM.png?VersionId=IDryFIbped9SNDg72LEN_EecvhUsOPvp" />

The Minns Labor Government has also confirmed the Bays West precinct will have a new suburb name. This will be the first major suburb built in close proximity to Sydney’s CBD in decades and will encompass the area currently being referred to as Bays West, including Glebe Island and the White Bay Power Station. Served by a new Metro station just five minutes from the CBD, it will become one of the most populous suburbs in the Inner West and one of Sydney’s premier cultural destinations.

An early works program is taking shape, which&nbsp;includes the first stages of an international design competition.&nbsp;

The aim of the Bays West&nbsp;International&nbsp;Design Competition is to&nbsp;ensure design excellence is embedded in the project from the start. The competition will deliver an&nbsp;urban framework that defines the character, ambition and long-term identity of&nbsp;this&nbsp;former industrial precinct as it transitions to a vibrant, inclusive and sustainable residential&nbsp;neighbourhood.

The competition will be led by the Bays West Delivery Authority in partnership with Government Architect NSW.&nbsp;

It will launch with an invitation for a global Expressions of Interest, before moving to an invitation-only stage that will be assessed by a panel that&nbsp;will provide advice to Cabinet who will select a winner.

Premier of NSW, Chris Minns said the establishment of the new Authority is the first step in transforming the Bays West precinct into a vibrant, livable suburb minutes from the Sydney CBD and two stops from Hunter St Station on the Metro West line.

“The Authority will deliver well-located homes close to the heart of the city and integrate the new precinct with Blackwattle Bay and the new Sydney Fish Market.

“This is a generational opportunity to build a new suburb on the city’s edge and open the harbour foreshore to the public for the first time in a century.”&nbsp;

Minister for Lands and Property Steve Kamper said the new Bays West Delivery Authority established by the Minns Government will turbocharge the development of Sydney’s newest suburb.

“The Authority is working at a record pace to deliver an international design competition, planning pathways and a financial model so that this development benefits Sydney with well-designed homes in a central location, close to public transport, jobs, entertainment and essential services.

“If we want Sydney to stay liveable and affordable, we need to be bold about using underutilised government-owned land to deliver homes for the future while making sure essential working harbour functions can be accommodated.”

Bays West Delivery Authority established to "turbocharge" Sydney’s newest suburb

Around 400 additional homes could be built at Southwark Grounds on Port Road, lifting total site capacity from 1300 to around 1700 dwellings.

A recently approved code amendment would allow apartment towers of up to 14 storeys in some areas of Renewal SA’s redevelopment of the former West End Brewery.

Renewal SA Acting Chief Executive Shane Wingard said he welcomed the code amendment, with the increase in heights and homes making a positive impact on the supply of high-quality, well-connected housing close to the city.

“By going higher across some parts of Southwark Grounds, we are adding a substantial number of very well-located homes with little impact on project delivery time or planned open space,” Mr Wingard said.

Since the project officially launched in 2025, Mr Wingard said more than 12,000 enquiries had been received about living at Southwark Grounds.

“The very strong early interest we’ve seen since homes were first released in the precinct reinforces our plans to create more housing opportunities,” he said.

The Southwark Grounds code amendment was launched in December last year, with community engagement undertaken over five weeks from January.

It proposed increasing maximum building heights from eight to 14 storeys on the eastern section of Southwark Grounds, and to 12 storeys across the remainder of the site, with minimum building heights ranging from two to four storeys.

The code amendment was implemented through an Early Commencement policy in late January, allowing developers to quickly explore the viability of increased height and housing yield while other planning processes continue.

One of the first developers delivering apartment sites have already finalised redesigns to increase the number of apartments following the code amendment.

Samaras’ development adjacent to the future Colonel Light Park is now planning to deliver 125 apartments across 11 storeys, significantly greater than original plans of around 50 apartments across four storeys.

The developer is also exploring the potential for additional affordable housing outcomes.

Most of the apartments at Southwark Grounds will be delivered within a master-planned precinct on a large parcel of land on the eastern portion of the site, covering around two-thirds of its 8.4 hectares.

Wingard said detailed precinct planning over the coming months may identify further opportunities to increase yield further that could see total apartment numbers at Southwark Grounds, exceed this number.

Affordable homes at Southwark Grounds will also see a net increase, with Renewal SA maintaining its commitment to a minimum of 20 per cent affordable housing across the development.

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Civil works have begun across the site, with construction under way on the first new roads surrounding a townhouse precinct in the south‑west corner of Southwark Grounds. This includes Renewal SA’s 17 Founder’s Row homes, which are on track for completion by Christmas.

“We expect to have people living at Southwark Grounds by the end of the year, so delivering roads and public spaces for those residents is among our highest priorities.”

Construction of 40 townhouses off Anderson Street, known as West Village and being delivered by Contour, is forecast to begin in mid‑2026. Kolabb’s Anderson Lane development will follow shortly after, delivering a further 26 townhouses.

Southwark Grounds is a state government‑led urban renewal project now set to deliver around 1,700 homes over the next decade.

Homes will be supported by a supermarket, a range of retail and hospitality offerings anchored by a revitalised Walkerville Brew Tower, a childcare centre, car parking and well‑connected public spaces.

400 new homes planned for Adelaide's former West End Brewery site

Brisbane developer&nbsp;<a href="https://www.apartments.com.au/developers/cavcorp">Cavcorp</a> has lodged plans for a new mixed-use residential development at <a href="https://www.apartments.com.au/new-apartments/55-wyandra-street-teneriffe-qld-4005">55 Wyandra Street</a>, Teneriffe, anchored by an 85-metre public laneway designed to reconnect the suburb’s riverfront with the Gasworks precinct.

The buildings, known as Teneriffe House and Teneriffe Lane, would replace the existing Queensland Cotton head office site with a 15-storey residential tower transitioning to eight storeys toward Helen Street. The project has been designed by Plazibat Architects and lodged as a code assessable development application for 93 apartments across a 3,401 sqm mixed-use site within the Newstead and Teneriffe Waterfront neighbourhood plan.

Central to the scheme is the transformation of an existing service easement into a publicly accessible cross-block connection linking Wyandra and Helen Streets. Cavcorp says the new laneway will act as both a pedestrian shortcut and a landscaped civic space between the Teneriffe Riverwalk, ferry terminal, and Gasworks precinct.

<img alt="First Look: Cavcorp unveils Teneriffe House and Teneriffe Lane plans for landmark wellness tower in Teneriffe" data-entity-type="file" data-entity-uuid="26e7f058-b065-4de8-b13d-a2b8cb64dfcc" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/bldg.png?VersionId=sELS0ZKYi361oYipUa1BIKfe_.DLZoFV" />

“The revised proposal delivers a legacy public-realm cross-block link, permanently secured for community use, transforming an existing private easement into a safe, high-quality pedestrian connection between the Teneriffe heritage riverwalk and the Gasworks–Long Island precinct,” the planning report states.

The laneway will sit beneath a large subtropical loggia integrated into the podium levels of the development. The design incorporates deep landscaping, water gardens, lobby spaces, business lounges, and ground-floor apartments to create what Cavcorp describes as a climate-responsive “urban verandah.”

The tower itself has been designed as a slender form with recessed floorplates and curved translucent corners inspired by contemporary Japanese architecture. The building height aligns with the Commercial Road precinct controls, which permit towers up to 15 storeys within proximity to Longland Street.

<img alt="First Look: Cavcorp unveils Teneriffe House and Teneriffe Lane plans for landmark wellness tower in Teneriffe" data-entity-type="file" data-entity-uuid="a8a17d40-43b6-4718-b3fd-67676fcbb485" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/pers%202_1.png?VersionId=i3VwDtp5AmL_8InW7w4qRbDFEpb744Jt" />

The project will comprise a mix of larger-format apartments aimed at owner-occupiers, downsizers, and families. The proposed apartment mix includes 11 loggia apartments across the lower levels, 50 four-bedroom Sky-Terrace apartments from levels three to seven, and 32 Sky-Pool Homes occupying the upper tower levels. The Sky-Pool Homes will feature private thermal plunge pools integrated into oversized balconies.

According to the application, the apartments are intended to reinterpret the scale and character of Teneriffe’s woolstore conversions and Queensland homes within a vertical residential format.

“The sky-pool homes build on Cavcorp’s previous projects and introduce a distinct apartment typology to Teneriffe, informed by both local and international precedent and responding to an identified market demand for enhanced safety, space and amenity,” the planning submission notes.

A major focus of the proposal is its five-level wellness and lifestyle offering, extending from the basement through to the rooftop.

Amenities proposed include a rooftop Swim &amp; Racquet Club with a 25-metre Olympic lap pool and tennis court, coworking spaces and libraries, golf simulators, wine storage, concierge facilities, business lounges, pet wash areas, and rooftop longevity-focused wellness spaces with spas, outdoor fitness zones, and landscaped terraces.

<img alt="First Look: Cavcorp unveils Teneriffe House and Teneriffe Lane plans for landmark wellness tower in Teneriffe" data-entity-type="file" data-entity-uuid="944b352c-49b9-4247-a4c6-5967b4b69fda" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/amenity.png?VersionId=Ed_qKjAtMwFT.5gfl3jiA9QwdWxSMsaX" />

All parking will be concealed within basement levels accessed from Wyandra and Helen Streets. Cavcorp says the deep-basement engineering approach allows the entire ground plane to prioritise landscaping, pedestrian movement, and active frontage rather than vehicle infrastructure.

The development continues Cavcorp’s concentration in Newstead and Teneriffe, where the Brisbane developer has delivered a number of apartment projects including Lucent, Le Bain, and Luminare, as well as the Long Island Wellness Precinct nearby. Several of those projects have received national design and architecture awards, including recognition under Brisbane’s “Buildings that Breathe” program.

Cavcorp unveils wellness-focused Teneriffe House and Teneriffe Lane apartment buildings

Focus Group Investments has lodged plans for a new apartment development at <a href="https://www.apartments.com.au/new-apartments/64-70-hanover-street-fitzroy-vic-3065">64–70 Hanover Street</a> in Fitzroy, seeking to utilise the Victorian Government’s recently introduced Great Design Fast Track pathway to accelerate approvals for the project.

The proposal is among the latest developments to emerge through the state-led initiative, which was established to fast-track well-designed residential projects in activity centres and transport-connected inner-city locations. The pathway allows qualifying developments that meet elevated design and housing benchmarks to bypass traditional council planning timeframes and instead be assessed directly by the Department of Transport and Planning.

Designed by SJB, the development will comprise a mix of apartments above activated lower levels, with a strong focus on architectural articulation, landscaping, and communal amenity. The design response seeks to balance the industrial character of Richmond’s former warehouse precincts with a more contemporary residential form.

<img alt="First look: Focus Group Investments taps Victoria’s Great Design Fast Track for Richmond apartments" data-entity-type="file" data-entity-uuid="abea51cc-d85b-479e-9aef-a589f3b37ca7" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/ground.png?VersionId=e1Kf8EyPWwyiVumtqQ4rM5S4GpOR3CCz" />

Proposed are 63 new dwellings, a wide ranging mix of studio, one-, two-, and three-bedroom apartments, and townhouses and duplexes. They will be spread across a part-three, part-eight storey building.

The Planning and Urban Context Report by Tract says the development is of an "exemplary architectural standard" and has been carefully crafted by SJB Architects.

"Dwellings&nbsp;will benefit from excellent access to natural light, cross-ventilation opportunities and extensive communal space," the report noted.

The architectural material highlights the project’s integration of landscaped elements and communal spaces throughout the building. The proposal also incorporates sustainability initiatives aligned with the Victorian Government’s push for higher-performing apartment developments under the fast-track program.

The Great Design Fast Track was unveiled by the Victorian Government in 2024 as part of a broader housing supply strategy aimed at accelerating the delivery of new homes. Projects assessed through the pathway must demonstrate high-quality architecture, sustainability outcomes, and housing diversity while being located close to public transport and existing infrastructure.

<img alt="First look: Focus Group Investments taps Victoria’s Great Design Fast Track for Richmond apartments" data-entity-type="file" data-entity-uuid="afdbe834-8dc4-4a77-a943-ba07bc927348" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/site_11.png?VersionId=0J657j.TaChAZfp93wqJYBTqSsnREJx2" />

Focus Group, founder and led by Paul De Lutiis, is increasingly active across Melbourne’s inner suburbs, targeting well-connected urban renewal locations suited to medium and higher-density residential development. The Fitzroy proposal continues that strategy, leveraging the area’s strong transport links, established retail amenity, and proximity to the CBD.

Fitzroy has been one of the most popular spots for developers and buyers in recent years. The likes of PACE Development Group, SMA Projects, Crema Group and Chapter Group, currently selling projects in the suburb.

First look: Focus Group Investments taps Victoria’s Great Design Fast Track for Fitzroy apartments

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Knight Frank have noted from 1 December 2015, all foreign investors must now pay a fee before their foreign investment application will be processed and stricter penalties have been ramped up by the Australian Taxation Office for those who breach the rules.
Overview
The current Australian foreign investment framework for residential property is designed to generate new housing supply. The construction of new houses and apartments is aimed to increase the opportunity for people to purchase, as well as, stimulate economic activity with the employment of builders and suppliers. 
The recent changes introduced by the Federal Government are designed not to deter foreign investment into Australia, rather ensure the current rules that limit foreign investment in established dwellings are enforced.
Until this time, there has been poor policing by the small team at the Foreign Investment Review Board (FIRB) resulting in limited penalties imposed on those who breach the rules. For a long time, the framework was undermined due to poor data collection, along with a lack of audit, compliance and enforcement.
Given no fees were collected on application, it made it quite difficult for the FIRB to justify committing more Australian tax-payer resources, despite the number of foreign investment applicants growing almost three- fold over the course of 2013-14.
Over the same time, residential property prices rose significantly in many suburbs across the country. As a result, the Australian public became increasingly concerned that the influx of foreign purchasers were having a direct impact on mainstream (established) house prices.
This placed pressure on the now former Treasurer, Hon Joe Hockey MP, to provide clarification on the role foreign investment plays in residential property.
On the 19 March 2014, he commissioned a study to be undertaken by the House of Representatives Standing Committee on Economics. After a lengthy and comprehensive eight month inquiry, the House Economics Committee found that the current foreign investment structure should be retained but made 12 practical recommendations to ensure there is better compliance within the existing framework. 
A consultation process followed with the public and key industry bodies. It was proposed that all property administration functions were transferred to the Australian Taxation Office (ATO). The ATO was seen to be well-placed to utilise it’s data-matching systems to identify possible breaches with an increase in penalties. 
The Government then introduced the legislation into Parliament in the Spring sitting. It was slated in late November 2015 with the changes taking effect from 1 December 2015.
Current rules for foreign investors
The current rules around foreign investment in residential property aims to direct investment into new housing, increasing the housing supply and support local economic activity. All foreign persons, that is temporary residents and non-residents, can apply to purchase vacant residential land for development and newly constructed dwellings in Australia.
Non-resident foreign persons are generally prohibited from purchasing established dwellings in Australia. However, temporary residents can apply to purchase one established dwelling to use as their residence while they live in Australia, although on the condition the property is sold when it ceases to be their principle place of residence. 
FOREIGN INVESTOR APPLICATION FEES NOW APPLICABLE
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<li>Applicants will pay a fee to the ATO before their foreign investment application is processed.</li>
<li>The fees apply for each application and is uncapped if the property is valued over AUD$1 million.</li>
<li>If an application falls into a number of categories, the category with the highest fee would apply.</li>
<li>The fee on application does not provide any assurance of securing the property. </li>
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ENHANCED COMPLIANCE AND ENFORCEMENT 
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REVISED PENALTIES FOR BREACHING THE FOREIGN INVESTMENT RULES 
The Australian Federal Government is increasing the existing criminal penalties and introducing new civil pecuniary penalties for those who breach the foreign investment rules. For more detailed information please refer to the FIRB website www.firb.gov.au. 
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Penalty Regime for Foreign Investors, Residential Property 
Under Foreign Acquisitions and Takeovers Legislation Amendment Bill 201 
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NEW APPLICATION FEES AND PENALTIES FOR DEVELOPERS 
Property developers can apply for a new dwelling exemption certificate to sell new dwellings in a development of 50 or more residences to foreign investors. The fee for a new dwelling exemption certificate for a developer is AUD$25,000 upfront, with a reconciliation of properties sold to foreign persons based on the above rates. 
The Government has tightened the rules around the use of new dwellings exemption certificates by limiting the value of all apartments that can be bought by a single foreign investor to $3 million in the one development. If foreign investors want to purchase apartments above this value, they will have to seek individual approval. 
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po-LsXgBTHBmX

Property 101: Foreign investment divestiture fines in Australia

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GUEST OBSERVER
Through ATO ID 2015/27 and ATO ID 2015/28 the ATO seem to have cemented their position in relation to the application of s 295-550 of the Income Tax Assessment Act 1997 (Cth) to related party limited recourse borrowing arrangements (‘LRBAs’). 
Importantly, the ATO has since <a href="https://www.ato.gov.au/Super/Self-managed-super-funds/In-detail/News/Non-arm-s-length-limited-recourse-borrowing-arrangements" target="_blank" style="line-height: 1.3em;">confirmed</a> that their approach to this issue in future private rulings and litigation will be consistent with their view in ATO ID 2015/27 and ATO ID 2015/28.
In December 2014, DBA Lawyers director Daniel Butler noted that: 
SMSFs that are not benchmarked should consider doing so before any ATO audit activity occurs. Hopefully, the ATO may provide an amnesty to encourage SMSFs to benchmark to arm’s length. The big question here is whether the ATO will require retrospective adjustment.
Well it appears that the hoped-for amnesty has arrived. At a meeting of the Superannuation Industry Relationship Network on 10 November 2015 the ATO confirmed that SMSF trustees should review their LRBAs to determine whether they were established and maintained on terms that are consistent with an arm’s length dealing. While not certain, it also appears that the ATO <a href="https://www.ato.gov.au/Super/Self-managed-super-funds/In-detail/News/Non-arm-s-length-limited-recourse-borrowing-arrangements/" target="_blank">will not require retrospective adjustment</a>, stating that
We will not be selecting an SMSF for review for the 2014-15 year or earlier years purely because the fund has entered into an LRBA.
The ATO is to be commended for this pragmatic and fair approach. Allowing SMSF trustees to review and amend their loan terms seems fair and reasonable, particularly given various uncertainties that existed up until recently regarding related party LRBAs.
The amnesty is not open ended however, with SMSF trustees being encouraged to take the actions suggested before 30 June 2016. From that time:
The Commissioner may allocate compliance resources to review an LRBA of an SMSF for the 2015-16 year or later years.
Further, while the ATO is not dedicating compliance resources to review an LRBA of an SMSF until 1 July 2016, if the ATO come across an SMSF with a non-commercial LRBA via their usual activity in the meantime, the income of the SMSF might be taxed at the non-arm’s length income tax rate of 47% in accordance with s 295-550 of the Income Tax Assessment Act 1997 (Cth). It is clear then that it is in the best interests of SMSF trustees to get their house in order sooner rather than later. 
So what does this mean for SMSF trustees with an LRBA related party loan?
We understand that with a diminishing number of banks willing to lend to SMSFs, related party loans may seem like an appealing option. However SMSF trustees need to be careful to ensure that related party loans are strictly on an arm’s length basis to prevent SMSF income being NALI.
For those looking to enter into a new LRBA with a related party lender, proper benchmarking is crucial. In practical terms this means approaching a number of bank/unrelated lenders and obtaining quotes for the kind of loan terms they would offer to the SMSF in their particular circumstances, and then ensuring that the related party loan mirrors the terms offered by the unrelated lenders. For those who have already entered into an LRBA with a related party lender, now is the time to closely review your LRBA to ensure that it will stand up to ATO scrutiny. 
Favourable loan terms which may suggest that a related party loan is not on an arm’s length basis include:
·         <a href="https://www.ato.gov.au/law/view/view.htm?docid=%22AID%2FAID201528%2F00001%22" target="_blank">loans with 0%</a> or low non-commercial interest;
·         <a href="https://www.ato.gov.au/law/view/view.htm?docid=%22AID%2FAID201528%2F00001%22" target="_blank">high loan to value ratios</a>; and
·         <a href="https://www.ato.gov.au/law/view/view.htm?docid=%22AID%2FAID201527%2F00001%22" target="_blank">single lump sum repayment</a> at the end of the loan term rather than regular periodic repayments.
Further Training and Assistance
Advisers can brush up on the key considerations by signing up for <a href="https://www.dbanetwork.com.au/dbalawyers/seminars3/2712/3722/SMSF-Core-Course" target="_blank">Unit 10: LRBAs in the DBA Lawyers Core Course</a>. DBA Lawyers also offers a <a href="https://www.dbalawyers.com.au/smsf-borrowing-alter-terms/" target="_blank">service of altering the terms of an existing LRBA borrowing</a> and also <a href="https://www.dbalawyers.com.au/smsf-borrowing-loan-refinance/" target="_blank">prepares documents to refinance an existing LRBA borrowing</a>.
Those who are concerned that the favourable terms of their related party loan may give rise to NALI should seriously consider changing the terms of their loan to ensure that the parties are in the same position they would have been in had they dealt at arm’s length. While the ATO are yet to define a ‘safe harbour’ it is certainly prudent to mitigate the risks by having well-documented ‘benchmark’ evidence to indicate arm’s length terms and conditions.
Philippa Briglia is lawyer and Bryce Figot is director, DBA Lawyers and can be contacted <a href="https://www.dbalawyers.com.au" target="_blank">here</a>.
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jchancellor-FAypfDUnLy

ATO to act soon on related party LRBAs

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The Australian Tax Office will be scrutinising property records for the last 32 years in its bid to track down illegal buyers.
In a notice about a data matching program estimated to include 11.3 million people, the ATO said it would acquire details of real property transactions from September 20, 1985 to June 30, 2017 from all states and territories.
The total number of records is estimated at about one million for each year from rental bond authorities and about 30 million for each year from revenue and land title offices, the notice in the latest government gazette said.
The purpose of this data matching program is to ensure that taxpayers are correctly meeting taxation and other program obligations administered by the ATO in relation to their dealings with real property, the notice said.
These obligations include registration, lodgment, reporting and payment responsibilities. 
The ATO's data-matching project comes just a week after the government's amnesty towards foreign investors, who had unlawfully purchased property, lapsed.
 
For your free Property Observer eBook from RAMS, 12 tips for first-time buyers, covering everything you need to know when it comes to purchasing property, click here.
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Foreign investor amnesty over, ATO to now cross-check 32 years of property records

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Some 125 foreign investors have taken up an amnesty from the Australian Tax Office to declare their unauthorised ownership of real estate in Australia, according to documents obtained by Guardian Australia under a freedom of information request by the website.
The 125 investors have declared their status ahead of the FIRB deadline expiring on 30 November, the documents show.
A spokeswoman for the ATO repeated it had separately identified about 500 potential breaches of foreign investment laws it was investigating, a number of them from these disclosures.
Breaches of Australia’s foreign property investment laws prompted former Treasurer Joe Hockey to announce in September five forced sales of properties purchased by overseas buyers.
The former Treasurer then said 500 FIRB investigations are underway into more than $1 billion worth of residential real estate.
Tax commissioner Chris Jordan announced the investigations at a press conference with Joe Hockey.
They advised the properties to be sold are in Labrador on the Gold Coast, Ardross in Perth, <a href="/news/inside-darnley-hall-joe-hockeys-latest-forced-firb-trophy-sydney-divestiture-home">Sydney’s Elizabeth Bay</a>, Underdale in Adelaide and the Brisbane suburb of Stretton.
They were acquired unlawfully by foreign nationals from Singapore, Indonesia, the UK and China.
They voluntarily came forward under the amnesty announced in May.
The highest purchase price was $8.1 million, understood to be a penthouse in Elizabeth Bay.
The cheapest was a $265,000 property.
They have 12 months to sell the properties under the amnesty that ends of November, Joe Hockey said.
 
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Some 125 foreigners dob themselves in under ATO FIRB amnesty

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I was left eating humble pie this week following comments I made in an interview that appeared in the Australian Financial Review pertaining to the federal government’s announcement that another six homes had been identified as being acquired illegally and a further 462 sales under investigation. 
My response was “It’s nothing more than a PR stunt and a distraction. It’s been done for feel-good cuddles” – how wrong was I.
Later that day, I received an email from the Australian Taxation Office (ATO) boss heading up this investigation which (politely) outlined the detail of their inquiry which clearly identified the magnitude of this investigation which earnestly commenced in May this year. Owners of property bought illegally must voluntarily contact the ATO prior to 1 November 2015 to receive an amnesty of not being prosecuted.
Now once and for all, we will find out exactly what’s been happening as I have been saying for quite some time that this is rife within the real estate industry. It will be fascinating to see what recommendations are made and then implemented. I have been a strong proponent of tax file numbers being provided to the ATO on the exchange of contracts for every residential sale. It will also be interesting to see if the 100% selling ratio for all new developments is brought back to 50% as it was in 2008? Opening up our property markets to international exposure has certainly led to rapid price growth from Asian property investors.
Australia had a record number of 1.7 million international tourists visit last year which included a 21% surge from China.
This inquiry is timely given the number of recent global warnings of money laundering in real estate where Sydney and Melbourne have been suggested as hot spots. Residential property in Australia is the single largest and most valuable asset class worth an estimated $5.7 trillion. Sydney now ranks third in the world for luxury residential annual price growth according to Knight Frank’s Prime Global Cities Index. Sydney’s 12.5% growth now sits just behind Miami on 13.9% and Vancouver on 15% annual price growth. The report also identified that “a year ago eight cities recorded double – digit annual price growth. This quarter only four cities fell within this bracket.”
China’s shock devaluation significantly raises the risk that the Reserve Bank of Australia (RBA) will be forced to cut the cash rate further which is a worst case scenario for the RBA. More particularly when this week Deputy Governor Philip Lowe said “Given the position of household balance sheets, it is unlikely to be in our long – term interest for a consumption boom to be financed by a pick –up in household borrowing.”
“Ever-rising house prices, relative to our incomes, do increase risks in the economy and are unlikely to make us better off as a nation. Rising housing prices are best matched by rising incomes.”
Then of course we will have to wait to see how many divestment orders are issued by the ATO where hopefully the owners won’t be allowed to “flip” which was the case when Villa del Mare was issued with the first divestment order a few months back.
Another interesting aspect will be closely watching the Sydney and Melbourne clearance rates now that it is very clear the role that the ATO is playing with their pursuit of illegal purchases given that I am not the only one who thought this was all political shirt-fronting.
<h5>MOSMAN – 2088</h5>
• Number of houses on the market this time last year – 63
• Number of houses on the market last week – 48
• Number of houses on the market this week – 47
• Number of apartments on the market this time last year – 55
• Number of apartments on the market last week – 41
• Number of apartments on the market this week – 40
<h5>CREMORNE – 2090</h5>
• Number of houses on the market this time last year – 7
• Number of houses on the market last week – 3
• Number of houses on the market this week – 2
• Number of apartments on the market this time last year – 14
• Number of apartments on the market last week – 30
• Number of apartments on the market this week – 18
<h5>NEUTRAL BAY – 2089</h5>
• Number of houses on the market this time last year – 4
• Number of houses on the market last week – 2
•Number of houses on the market this week – 2
• Number of apartments on the market this time last year– 36
• Number of apartments on the market last week – 26
• Number of apartments on the market this week – 25
 
ROBERT SIMEON is a director of <a href="https://www.rwm.com.au/" target="_blank" title="RWM" rel="nofollow">Richardson Wrench Mosman and Neutral Bay</a> and has been selling residential real estate in Sydney since 1985.  He has also been writing real estate blog <a href="https://www.rwm.com.au/news/" target="_blank" title="Virtual Realty News" rel="nofollow">Virtual Realty News</a> since 2000. 
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robertsimeon-hRNTwJyXkQ

Federal government property taskforce not for feel-good cuddles: Robert Simeon

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The Australian Tax Office is targeting the 1.8 million people who own an investment property, Mark Chapman director of Tax Communications at H&amp;R Block says.
"The latest ATO figures reveal that investment property owners claim on average $25,717 in deductions covering interest on loans, the write-off on capital works and other items.  
"In more than two-thirds of cases, that's enough to produce a net loss which taxpayers are then offsetting against their other income.
"Given that the amounts at stake are increasing every year, it's not surprising the ATO is worrying about the loss of revenue," he said.
"Whether it's a commercial property, a city pad rented out long term or a holiday retreat for family, friends and holidaymakers, the ATO has signalled a big push to check that people aren't over-claiming tax deductions.
"At the forefront of the campaign, the ATO has recently stated that it will be writing to property investors who own properties in popular holiday areas to remind them to claim only the deductions to which they are entitled.
He said rental property owners should only claim for the periods the property is rented out or is genuinely available for rent.
"This is particularly important for holiday homes, where the ATO regularly finds evidence of home-owners claiming deductions for their holiday pad on the grounds that it is being rented out, when in reality the only people using it are the owners, their family and friends, often rent-free."
"Also, the costs to repair damage and defects existing at the time of purchase or the costs of renovation cannot be claimed immediately.  
"Instead, these costs are deductible over a number of years. Expect to see the ATO checking such claims and pushing back against claims which do not stack up.
"The ATO is concerned that husbands and wives are in some cases splitting income and deductions so the bulk of the tax benefit goes to the higher-earning spouse, even though the property is actually owned 50:50."
He said the ATO now has access to numerous sources of third party data, including popular rental listing sites for both long term and holiday rentals, so it is relatively easy for them to establish if a claim that a property was "available for rent" is correct." 
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ATO watching holiday home tax returns

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<div class="cq-article-content-paras section">
The Australian Tax Office is investigating 195 possibly illegal real estate sales to foreigners.
They have identified one foreign investor who appears to be linked to over 10 properties ranging from a $300,000 unit to a house worth $1.4 million.
A second divestment order - that will follow Point Piper's Villa del Mare - is expected over a Perth property after an investor from the United Kingdom admitted a $700,000 purchase.
Under the current amnesty, investors who declare unlawfully purchased properties before November 30 would avoid prosecution.
Up to 24 foreign investors have come forward under an amnesty to disclose they may have breached home-ownership rules, Treasurer Joe Hockey has advised. 
Tax commissioner Chris Jordan told a recent senate committee hearing that the 195 investigations had arisen after people came forward voluntarily and from other people dobbing them in.
"There's 195 in total that we are looking at," Mr Jordan said, in response to questioning from Labor senator Sam Dastyari.
"Some have come forward, some are complainants, because they think the people have breached; sometimes they have, sometimes they haven't," Mr Jordan said.
"We are aware of some instances where they are not just the trophy property but there might be a number of properties that cover the spectrum; in total they might add up to a significant amount."
When asked if one the houses being investigated was Altona, a $52 million mansion in Sydney, the ATO said it could not comment on investigations.
</div>
<div class="cq-article-content-media section">
Fairfax Media has reported a preliminary audit of foreign investment in Australian real estate had also identified a network of "high risk" investment advisers.
</div>
<div class="related-quotes section">
The Australian Tax Office audit was initiated by Treasurer Joe Hockey and parliamentary secretary to the Treasurer Kelly O'Dwyer.
It came after resources available at the Foreign Investment Review Board, in the Department of Treasury, were found to be inadequate.
The audit is being assisted by a boost in funding in last month's federal budget, building an investigation force of 60.
</div>
<div class="cq-article-content-paras section">
ATO Second commissioner Neil Olesen said investigations would be mostly on top-end properties
"I'd be surprised if a fair slab of them were not towards the top end of the market. One of the compliance activities we have in mind would be to look at significant sales over the last five to 10 years."
Meanwhile Shadow treasurer Chris Bowen said "any allegations of breaches of foreign investment rules should be thoroughly investigated" but dismissed Joe Hockey's hardline stance on trophy home purchases as addressing housing affordability.
"Joe Hockey has held up forced sales of Point Piper mansions as somehow being a contribution to first home owners and housing affordability," Chris Bowen said.
"Young Australian first home buyers want action from this government. Joe Hockey promised a housing affordability policy before the last election but has actually delivered naught."
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ATO foreign investment crack squad investigating 195 property sales 

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I may stand-alone here, but Sydney’s done – there I said it!
Normally, locations go flat when they become unaffordable or major infrastructure projects are abandoned but this time it may be at the hands of the banks, the governing bodies and the ATO.
Now making a statement like this is bold. Firstly, you need fundamental facts to back it up and these are the things I research – knowing where and when to invest, along with when to stop investing in an area. And lastly, we need an alternative place to invest. So, here we go:
The first sign for me that Sydney was on the cusp of a change was on April 23rd. A fundamental bank policy change that two major banks announced was the reason. This change stated that effective April 24th at 5pm, all Non-Resident lending Loan to Value Ratios (LVR) would be reduced from 80% of purchase price to 70%. Meaning borrowers must have another 10% cash to put towards the purchase.
One of those banks was the biggest lender to Chinese borrowers. The myth that the Chinese are all paying cash for houses is simply not true. The best Business Development Manager (BDM) that this bank employs has seen an immediate drop of 25% in mortgage volume since this change. Now that’s one BDM, for one bank, in one district of Sydney.
There is no question the overseas buyers are pushing our prices up but it’s not just the Chinese. They accounted for $27.7 billion in property transactions last year but the USA purchased $17 billion, Canada $15 billion and Malaysia $7.2 billion. The falling Aussie dollar has made our property much more attractive to them along with a buoyant property market.
But like usual, when there is money, there are Sharks looking for loopholes. So bringing sunshine to my eyes, are the ATO. Yeah, you won’t hear me say that too often. They are currently investigating 150 cases of unlawful purchases from overseas buyers. The loophole is done through trusts and companies. There appears to be a loophole in the FIRB’s (Foreign Investment Review Board) approval process for developers too. The great thing is that the ATO are a big enough player to bring this behavior to a halt and prosecute those offenders. Watch this space!
With the rate drop in May, one would think this would fuel more buyers to pay more. The funny part is that even though interest rates dropped, as a borrower your borrowing capacity hasn’t increased. wHy?
Banks are servicing your loan application at the 7% mark. This is a protection mechanism to safeguard you when interest rates rise in the future. This 7% mark hasn’t shifted in the last 3-5 interest rate drops. So no matter how much the rates still go down, your ability to service more debt will not increase unless your income does.
Banks must now also hold more funds in managed accounts per mortgage they approve. Meaning for every $300k mortgage the bank must hold $600k in managed funds. This has doubled in recent years. Hence we’ve seen Managed Funds increase to 3.05% in May when interest rates decreased. This was done to attract more consumers to invest their money. Consequently, this reduced the banks profits by another 0.25%. So it comes as no surprise that in mid May the interest rate war between the banks ended. One major bank no longer discounts interest rates for investment loans. The others will follow.
The governing body for mortgages, APRA (Australian Prudential Regulation Authority), have also told the banks that if their investment portion of their portfolio has increased by over 10% this year, then they must hold another $500 million in managed funds. Meaning banks will now be reluctant to pass this level and reduce interest rate discounts on investment loans.
The Median house price in Sydney has topped $900k. Insane, I know. Now according to the ABS, the Median income is $80,048 per annum. So a couple with two children, who each earn $80k, have a maximum borrowing capacity of between $800k – $1 mill. They have reached their cap.
So to summerise:
<ul>
<li>The banks are slowing up lending to Non Residents</li>
<li>The ATO are stopping illegal overseas transactions, plus reversing illegal purchases</li>
<li>Interest rates have dropped, but you can’t borrow any extra funds</li>
<li>The banks are stopping interest rate discounts to investors</li>
<li>The Sydney property market has seen fantastic capital growth for over 2 years</li>
<li>Property prices are unaffordable</li>
</ul>
Now given that investment loans now account for 50% of all mortgages written, the above corrections will see a drastic decrease in investor activity. This decrease will significantly impact consumer confidence across the board. And the end of the Sydney property cycle will be here.
Think about it… You have been inspecting houses for the past 2 months and you’re used to a high volume of purchasers inspecting and turning up to auctions. Then, the next week the volume is halved. Would that get you thinking? Is there something going on that I don’t know about? Your consumer confidence has just been shot.
So, after all this doom and gloom, wHere and wHat do we invest in?
The key to investing, is buying in great locations in the low part of the property cycle. Where consumer confidence is at its lowest. wHere is this the case?
South East QLD is an emerging market where those who get in RIGHT now will benefit. If you wait until Christmas, you have missed the boat. But the market to really focus on right now is Perth. Currently Perth is on the “No Go” list, which is exactly why I am there. With no-one buying, consumer confidence is non-existent. Hence, we have seen some significant price decreases. This makes for some great buying.
But why is Perth not performing currently?
The reason is that most people consider Perth as purely driven by mining, like it’s a giant mining town. I laugh when I hear this, as Perth is a capital city with over 2 million people. The same size as Brisbane, yes that’s right!
Sure, Perth has mining influence (as does Brisbane) but it has a whole bunch more too. The fall of the mining boom has made for some great buying though. Discounts off list price we have not seen in a few years. In fact, we are buying most of the properties at pre 2006-07 prices.
There are two points to be wary of though. Firstly, the rental market is also seeing a correction with rents dropping around 10% in the last year. Do your numbers with a low 5% yield not 5.7%+ and adjust your purchase price accordingly.
Secondly, Perth is winning across the country in the ‘smallest residential blocks’ award. They are down to 200m2. No, that’s not a typo! Stick to blocks over the 400m2 and above, as these will be the properties to see land value growth in the years to come.
So, I will be monitoring the property market in Sydney over the coming months, as property data is all past tense. And a change now won’t be reflected for another 3-6 months. But one thing I know for Sydney is – get ready for a significant correction, the writing’s on the wall.
TODD HUNTER is buyer’s agent, director and location researcher for Sydney-based <a href="https://www.wheregroup.com.au/" target="_blank">wHeregroup</a>.
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