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Help needed!!!!

Submitted by god_of_money on April 27, 2008 - 3:21pm.

Joined: 04/04/2008

Hi All,

How do I legally negative geared my IP property (under TRUST) against my income?
I heard you can do I so- called 'Hybrid Trust'
I was being told that if majority equity (i.e. 50%) borrowed against my PPOR
and the rest secured against IP (under TRUST), I can claimed 50% interest deduction against my income?

Is that true?
I thought that if buying IP under company TRUST will not be able to claim tax deduction against income?

Thank you

Cheers
Don



Terryw's picture

April 27, 2008 - 9:12pm

Joined: 01/01/2002

If your trust owns the property then it has to claim the deductions. Losses from a trust cannot be offset against personal income.

A way around this is to use a unit trust or a hybrid trust and to borrow in your personal name to buy the units. This allows negative gearing in a trust, but the trusts will be restricted as far as flexibility to distribute income is concerned.

it doesn't matter what is used as security, deductibility depends on who borrows the money and what it is used for.

Terryw
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April 27, 2008 - 9:26pm

Joined: 27/04/2008

Hi,
I am currently doing some study and I am hving diffiworking a few things out. My scenario is this

Company A is going to buy a Trust unit.   From Company A Mary is buying 40% John is buying %40 Sue is buying %20

I want to know what the stamp duties liability is of Company A purchasing the shares as above.  The business (The trust) is being purchased as an ongoing concern. So GST is pretty straight forward.  

Regards

Stewar


Terryw's picture

April 28, 2008 - 7:16pm

Joined: 01/01/2002

Stewar

You haven't worded that very well, so it is unclear what is happening.

Is company A going to buy a unit (a flat) is units in a unit trust?

Is Mary etc buying shares in the company or is she buying a percentage of a property that the company is selling?

Terryw
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Terry@discoverhomeloans.com.au
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