You will need to check out the tax issues such as:
– are you a resident for tax purposes
– implications of a non resident trustee of a trust.

The ATO site has some basic info,

I don't think there are any other specific things relating to you being overseas.

Setting up a company costs about $400 to $500 these days and the yearly fees are the ASIC fee of $250 (approx) and tax return. But the tax return will be nil as the trustee company wont be trading. So your accountant won't charge too much extra for this.

Also, companies add advantages from a boorrowing point of view. Say you own a property and have heaps of equity, but have a default to the ATO for $2000 for a bill you missed. You won't be able to get decent finance. But say you had a trust with company as trustee. You could resign as director and put in a relative or spouse as director and then get the loan – a decent loan at a good rate.
I have had clients sell properties to family members and pay stamp duty to try to get around this problem.

But there are also disadvantages in that some loans are not available to companies.eg many low docs.

I am seeing a few clients having problems selling properties which are cross securitised. Actually they can sell them, but the bank cannot or won't release the titles as the remaining security has dropped in value and in some cases the remaining loan is more than the value of the remaining property.

If only they hadn't crossed securities.

Sorry, I read "married couple owns a property". I agree with Dan. owner = title holder gets the gain.

Carlin. maybe you were reading something about the salary sacrifice arrangements – which are no longer available.

Whatever you do, don't pay off that loan. you will end up paying more tax on the rental income and will have a higher loan on your new property which will mean more interest which you cannot deduct.

I would change the loan to interest only asap.

Getting into joint loans with family members, or anyone else, may seem to be a good idea at the time, but often a few years later you realise you are trapped, unable to borrow anymore as lenders consider you responsible for the while debts, not just your share. worse, they will only take into account your share of the rent.

So in addition to all the other problems with cross sec it can hurt your serviceability alot – I did it myself many years ago.

complex. you would need to see a specialist tax advisor.

So you are not a resident for tax purposes?

I would think you would just have to pay tax on any profit at the rate applicable to non-residents – starting at 30%. You can do anything you like with the income, eg put it in your wife's account. Why not buy in her name? You could guarantee the loan if she has no income. It would probably cost you a fortune in accounting fees it you did it in your name as teh average accountant wouldn't know where to start.

Complicated I am afraid. It may depend on which country you are from as there are double tax agreements between Australia and various countries so you may pay not tax here, but overseas instead.

If you were treated so that your overseas income is disregarded then, possibly it would be calculated like this.
– if held more than 12 months, you can divide the profit by half = $21,500
(I am assuming you have taken the profit as selling cost – purchase price – buying and selling costs such as stamp duty, agents fees etc).
– This figure is then added to your other income if any.
– If no other income you would have a taxable income of $21,500 and would pay tax on this at the applicable rate.
– If you are a non-resident for tax purposes (which is different than for immigration purposes) then you will pay tax at the rate of 30% at least.
– so roughly $7000 in tax.

You will find all applications for finance, whether approved or not, stay on your credit file for 5 years.
Some banks do worry when you start having too many hits on your file. usually it is just the last 12 months that they are concerned about and often more than 6 enquiries is when they start to worry.