All Topics / The Treasure Chest / Personal or Company?

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  • Profile photo of WhitezWhitez
    Member
    @whitez
    Join Date: 2003
    Post Count: 0

    Hi guys,
    I’m about to start in property investing. My question is should I form a company or should it just be purchased under my name? Which one is more advantageous? Or maybe any website that I can find some info in regards to this?
    Thanks.

    Profile photo of MelanieMelanie
    Member
    @melanie
    Join Date: 2003
    Post Count: 382

    Welcome to the site![:D]

    Um – depends. Personal is simpler, cheaper (you already exist!) and unfortunately more susceptible to loss. Apparently worldwide NSW is the third most litigous (spell?) state after California & Texas, and Queensland is sixth – food fo thought. Therefore, if you are v serious about accumulating property assets, and face it thats the name of the game … then talk to an accountant about discretionary trusts with two-dollar shelf company as trustee & you as Director – costs about $2K to set up. Upside is assets are seen to belong to a crowd hence while lenders will always have security on the actual bricks & mortar & can reclaim them for payment defaults, someone trying to sue you because they tripped over in your front yard or equally lame, the lawyers know they cannot prove you have direct ownership of assets held in trust & hence won’t bother trying to sue you.

    The middle class dream is to proudly own a few properties, the rich own nothing & live in the lap of luxury – I pick option (b) !

    Sory for being wordy -hope that helps.

    [:)]
    Mel

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

    I agree with Melanie and would like to add there are considerable tax benefits to a trust as well. There is a good book written by an accountant called ‘Trust Magic’, available at:
    http://www.gatherumgoss.com/

    Terryw
    [email protected]

    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 puissancepuissance
    Member
    @puissance
    Join Date: 2003
    Post Count: 72

    All the text I’ve read recommends that you should not purchase any appreciating assets under a corporate structure because of the lost of 50% CGT exemption
    U then will have to look at if u want asset protection or tax shelters before u decide to invest under your name

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