All Topics / General Property / Help! Structure for purchasing & holding prop.

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  • Profile photo of christian2christian2
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    @christian2
    Join Date: 2003
    Post Count: 2

    What’s the best structure I should have before I begin acquiring property – commercial and residential.

    I’ve heard something like – a company and a trust??

    Anyone know?

    Thanks
    Christian

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

    Some sort of Trust structure should do you. Try to get a hold of “Trust Magic” a book by Dale Gatherum Goss, a melbourne based accountant.

    Terryw
    Discover Home Loans
    North Sydney
    [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 melbearmelbear
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    @melbear
    Join Date: 2003
    Post Count: 2,429

    Christian, for the manual Terry suggested (an excellent manual) go to http://www.gatherumgoss.com

    Cheers
    Mel

    Profile photo of MarkyMarkMarkyMark
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    @markymark
    Join Date: 2003
    Post Count: 132

    Hi Christian,
    I have pretty well completed looking into this for myself. Structure is a complex area, you will probably need advice. However, I think that it is well worth setting it up if you want to get serious about investing in property. Also doing it before you start investing is a good idea as it can be very costly to change everything later on and for this reason many do not (or so I have been told).

    Probably the main reason for structure is asset protection.

    I have heard allot about the book that Terryw has mentioned “Trust Magic” but I have not been able to find a copy. I have seriously tried about 5 book shops and none of them even have it on their database. If you find it let me know. I think I’ll check the web for it today.

    Also check previous posts there is some really good information here and there

    regards

    Profile photo of Digger_2Digger_2
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    @digger_2
    Join Date: 2003
    Post Count: 4

    Hi all,

    Firstly, great forum!! I’ve been sitting on the sidelines for a while, but now I’m ready to take the plunge. I am quite keen to set up my investments through a trust, and to that end I was just about to purchase ‘Trust Magic’ until I read an article in this month’s Personal Investor. It had the following to say :

    quote:


    A few years ago, the roundtable discussions looked at family trusts extensively for high-income earners, but these structures have become more complicated to run and have come under increased scrutiny…

    Williams says you need to have around $5 million to $ 10 million to make a family trust work.

    …”I notice accountants, especially second-tier accountants, advise people to set up family trusts, but at the top end of the market very few sophisticated investors are setting up new family trusts. But those people who have already set them up are continuing to extract the benefits of the distribution from the trust. They are not closing them,” he says.


    All pretty general and all pretty vague. As I don’t have a lazy $5-10 mil sitting around, I was just wondering if anyone out there might be able to shed some light on the reason behind these comments, before I lash out and buy ‘Trust Magic’. Or should I just ignore them?

    Cheers
    Ray

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

    Imagine your trust had a $6000 profit during the year. Your teenage son takes a year off to go to uni and has no income. The trust can divert all the income to the son and no tax would be paid (by either). If the assets had been purchased in the name of a high income earner, they could have paid about $3000 in tax.

    So even with a small profit you could save $3000 in tax. It only costs $1000 to set up a trust and virtually nothing to run!

    So I don’t know why they would say such a thing.

    Terryw
    Discover Home Loans
    North Sydney
    [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 MarkyMarkMarkyMark
    Member
    @markymark
    Join Date: 2003
    Post Count: 132

    TerryW were are you getting these figures from? I’m looking at $2000 to set up a trust and about $2000 per year in accounting fees for its management. This is without a corporate trustee, which will be another expense later on down the track.

    Am I missing something here? I sort of hope I am as your prices look alot better than mine.

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

    Hi

    My figures have been disputed before![:)]

    It only costs about $300 to set up a trust on the net plus about $300 more for the stamp duty. Going to an accountant will add a bit more. Doa search on the net.

    Trusts will cost not much more to run than holding ivnestments on your own. Most accoutants charge a fee per property for example. If you have 10 properties in your name or 10 in a trust it won’t be much different.

    I setup a discretionary trust for under $1000 and the running costs is very low.

    Terryw
    Discover Home Loans
    North Sydney
    [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 JuliaJulia
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    @julia
    Join Date: 2004
    Post Count: 217

    A self managed super fund is only taxed at 15% but can’t borrow money.

    Otherwise consider a discretionary trust so you can choose each year who in your family gets the profits or capital gains. This is no good for negatively geared properties as the losses stay in the trust to be offset against other trust income. They cannot be offset against beneficary’s income. As long as the trust is discretionary the CGT discount can be carried down to the beneficiary.

    Companies have a 30% tax rate but do not qualify for the 50% CGT discount. It is very difficult to get the money out of the company without ending up paying tax on it at the marginal rate of the shareholders and less flexability as to who gets the money. Losses cannot be transferred out of the company.

    [email protected]

    Profile photo of redwingredwing
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    @redwing
    Join Date: 2003
    Post Count: 2,733

    Markymark

    Agree with TerryW,

    You should only be looking at around $800- $1’000 to establish a trust, i was quoted $800-900 with a 1/2 hr consultation for free, to see if this was the best structure for me and to assess the ins and out’s..

    My Christmas present to myself was going to be “trust magic” or Steve’s ” Wealthy Guardian”, didn’t get around to it as i didn’t have the meeting with the accountant yet ( XMAS etc) looking to do so this month [:D]

    read that Steve just uses a basic ‘Family Trust’ others prefer a Hybrid discretionary trust, either way it bears investigation. If you already own property it ‘costs’ you to sell them to your trust..

    See if you can get a consultation with an experienced accountant.

    All the best
    REDWING

    “The man that thinks at 5o as he did when he was 20 has wasted 30 years of his life”

    Profile photo of The DIY Dog WashThe DIY Dog Wash
    Member
    @the-diy-dog-wash
    Join Date: 2003
    Post Count: 696

    Hi christian2 & Digger

    Hubby and I have got a Hybrid Trust with a Corporate Trustee, which provides the maximum assest protection available. Why do we need to the maximum protection – why not!

    It cost us $2700 to set up the Trust and the Company including all other costs such as the accountant, stamp duty etc.

    Our research included first buying Steve’s Wealth Guardian, it is my personal opinion that this is without a doubt the best book to buy to understand how investing works in relation to all of your structure options. Then we got Trust Magic by Dale Gatherum Goss (he is also our accountant) and it really tells the full story about trusts. It can be purchased via the link rovided by Melbear or the Property Investor Magazine. We also went to a talk being given by Dale discussing Trusts.

    Who know’s why the writer of that article reported that way, it was possibly the people he/she interviewed, lack of research, maybe they were not in a position invest and therefore could not see the benefits of a trust. But it certainly does not fit with the research that we have done onthe subject.

    We are expecting to have higher accounting fees this year only because we have got a lot more work for him than before with 4 new properties and the Trust, but as Dale told us the better our recordeds the less work he has to do and the less our fees.

    **Few**

    Cheers
    Leigh K

    Carve your own path and lead the way …

Viewing 11 posts - 1 through 11 (of 11 total)

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