All Topics / Legal & Accounting / Trust structure

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  • Profile photo of WayneoWayneo
    Member
    @wayneo
    Join Date: 2007
    Post Count: 2

    Hello,
    First time writer, long time reader.

    We are looking to set up a trust structure for our future IPs. (have one IP already but too late for that one.)
    I have been advised to set up a Family Trust with a Company as the Trustee, and my partner and I been the directors of the Company.

    We are looking to buy IPs that are CF+ and hold, but also want to do renos to sell on.

    Anyone with advise or experienced in this area would be appreciated. 

    Cheers
    Wayneo.

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Hi Wayneo

    Firstly welcome to the forum and I hope you enjoy your time with us.

    It is something we do for clients regularly so can certainy speak with experience.

    Personally i would look at 2 separate entities holding the properties you intend to buy, reno and sell on in a different structure to those that you are looking to retain long term.

    Just make sure you loans are set up correctly and try avodi cross collaterlaising the securities as that will cause you problems down the track if you want to retain equity in a security that has sold.

    Richard Taylor | Australia's leading private lender

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I would ask your advisor why they want two people as directors. This only carries added risk without any obvious benefits. It may also hurt your long term loan borrowing prospects.

    As Richard said it would be good to keep the buy and holds and renos in a separate entity due to the different tax treatment.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of WayneoWayneo
    Member
    @wayneo
    Join Date: 2007
    Post Count: 2

    Thanks Richard and Terryw

    Sounds like i need to do some more homework before I get set up.

    Cheers
    Wayneo.

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Hi Wayne

    I have sent you an email to answer your question.

    Richard Taylor | Australia's leading private lender

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