Yes you can do it, in theory, but you will be assess on stamp duty as will the new owner. You may be able to minimise stamp duty by using options

Yes you will need to declare the debt of the trust when you go for future loans. The same with loans you have guaranteed for a company as well.

Sounds like you don't have any other property if you are talking about the FHOG so probably best to get in your own names. If you buy in a trust you won't be able to get the FHOG and won't get a main residence CGT exemption either.

If you buy with parents you could only get the grant if it is they qualify too – ie their first property. All people on the title must go on the loan too, so this complicates things.

Using parents as a guarantor may help with the deposit side of things but not income. eg. your parents own a property and you use that as additional security. The bank will take a mortgage over their property too and this can help you save LMI by keeping the loan under 80% of the combined properties. If the parents have a mortgage then must be at the same bank as you too. This also complicates things and is risky to the parents. It would be better if they just lent you the money. Guarantors have no affect on tax.

If you use a unit trust now you could still get the FHBG in the future (if it is still around) – but you lose on the CGT exemption.

If you rent part of the house out while living there you will lose the CGT exemption on that part.

I think you need to work out roughly what you want to do and then sit down with a tax advisor to work out ways to minimise the CGT and GST on the new block.

If you don't own any other property you may be able to obtain the main residence CGT exemption on the property initially and the remaining part after sub-division.

Depending on your incomes you may want to buy a larger percentage in the lower income earners name (also depending on when you intend to sell) so that less CGT is payable when the split off is sold.

If not your main residence you may want to look into discretionary trusts (DT). If you want the profits fixed at 50/50 each then maybe a unit trust (can have your units owned by your DT)

There are stamp duty exemptions for transfering from trusts to individuals – but not sure of the other way around. And they wouldn't apply in most situations relevant to investments. eg trust set up to own property for a minor and then the property transferred to the individual when they reach 18.

PI the recent case of Bamford has shown that trust deeds overrule the ATO when determining what is income so they don't always win, though they are appealing this in the High Court so they may still win. And the stamp duty is not a administered by the ATO, but by each state through the Office of State REvenue (in NSW).

Hi

Not sure exactly what you are getting at, but if the couple are married/defacto then the title can be in one name and the loan in 2. If 2 names are on title, then both have to be on the loan as well.

Yeah doing that many you are probably operating a business of developing. You will be selling new houses so will need to charge GST for them as you will be turning over $75k you will need to register for GST.

Developers don't necessarily pay 30% tax. This would be the tax rate for a company, but if you are doing it in personal names then you may pay up to 46% tax. It is best to look a discretionary trust structure to help minimise your tax.

The banks rely on the incomes of the guarantors, usually the directors of the company. If the company has any income such as rent from exisiting properties or the property being purchased then this can be taken into account too.

Many banks will not lend to trading companies because of the risks they attract and you should never buy in a company that is running a business.

These days they tax you on how you tell them. So it depends on how you want to do it. You will have to back up your decision if they challenge you. Operating in a professional business like manner of building and selling will mean you are more likely a developer. If you do the odd house occaisionally you may not be. Maybe also GST registration is a factor. A developer would need to be registered.

Yes death too needs to bne considered.. Depending on how the purchase is set up one person may leave their share to someone you don't like (tenants in common). What happens then!

If you have the ownership as joint tenants then the property doesn't form part of the person's will at all, so if one person dies their share goes to the remaining 3. That will mean 1 couple will have 2 thrids ownership and more power maybe.