All Topics / General Property / transfering ownership to a business

Viewing 8 posts - 1 through 8 (of 8 total)
  • Profile photo of MJ4MJ4
    Member
    @mj4
    Join Date: 2004
    Post Count: 4

    hi to everyone out there.CurrentlyI have three properties that are owned in my wifes name.I have a trust establised to run my previous business which is no longer trading. How can I transfer the ownership of these three properties to the trust to operate my properties as a true business and continue to expand and develop the business as a trust trading as a property business. I also need to do this to take advantage of a rollover loss incurred on the previous business.
    Thanks to all those who read this and can offer any thoughts MJ4[:D]

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

    I beleive you can’t do this without selling the properties to the trust. hence stamp duty and capital gains tax would apply. Depending on your circumstances, it may still be a good thing to do -check with your 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 kalonikaloni
    Member
    @kaloni
    Join Date: 2003
    Post Count: 124

    I was in a similar position and
    was told to do this you can transfer
    them over BUT you must pay stamp duty
    on them as if you had just bought them

    Profile photo of pelicanpelican
    Member
    @pelican
    Join Date: 2003
    Post Count: 454

    you will be hit with Stamp duty on the transfer……

    Profile photo of JuliaJulia
    Member
    @julia
    Join Date: 2004
    Post Count: 217

    MJ4,
    You should seek professional advice looking at your whole situation and future plans before you transfer anything you already own to the trust. Your post implies that you intend to buy more properties. Why not just buy the positively geared ones in the name of the trust so the losses can be used up. Even as I write this I realise there may be many reasons why this is not the best strategy. You really need someone to look into your overall plans.

    Julia

    Profile photo of MJ4MJ4
    Member
    @mj4
    Join Date: 2004
    Post Count: 4

    [:)]Thankyou Julia Terryn Kaloni and pelicaninvestments, appreciatte the advice. When making these types of choices its always pays to throw the idea around before seeing the professionals since sometimes they I look one way depending on their own beliefs. Once again thankyou
    MJ4

    Profile photo of paula3paula3
    Member
    @paula3
    Join Date: 2006
    Post Count: 3

    Hi to everyone out there.- Could anybody please help me with the following senario:
    We own a business Chefunder a trust structure that last financial year ran at a loss, ie: a trading loss as opposed to a capital loss.
    We are about the start buying & selling property under the same trust structure. How do we offset a trading loss against a capital gain? Is this possible ( I certainly hope so)? We will be selling the business soon so won't be able to just offset one years loss against anothers gain.
    If anyone has any ideas or can direct me to some clever accounting typesReading it would be greatly appreciated.(we are in the southern Gold Coast / Tweed area.)
    many thanks
    Paula

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

    Hi Paula

    If you are looking for a great property Accountant on the CG feel free to contact my Accountant and good personal friend who is a partner at the Gold Business Group – Southport.

    His name is Steve Hodgkinson and he can be contacted on 5532 2855

    Tell him i referred you as most good Accountants are not taking on new clients.

    Richard Taylor | Australia's leading private lender

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