All Topics / Help Needed! / Moving existing IP into a trust – yes or no?

Viewing 19 posts - 1 through 19 (of 19 total)
  • Profile photo of timbo.timbo.
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    @timbo.
    Join Date: 2007
    Post Count: 18

    Hi all,

    I'm fairly new to this forum, its a great place for info and thought provoking to say the least!

    My Situation:
    – I have an IP that is pretty much paid off and so is cash positive.
    – I have been working hard in the UK and have saved a few GBP (what a great time to be sending them back home – not!).
    – Between my savings and equity, I am looking to get going on the next IP and am considering setting up a trust (unsure between discretionary/hybrid) for this and future IPs.

    My Question:
    I want my current IP to be protected, but I'm not sure if it will be worth the costs involved.
    Should I transfer my current IP into the trust or leave it out?

    I'd be grateful to hear from anyone who has been in a similar position or has an opinion on this.

    Cheers,
    Tim.

    Profile photo of JONCHUJONCHU
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    @jonchu
    Join Date: 2004
    Post Count: 112

    Hi Tim, as you know, moving into a trust will “trigger” CGT as well as other costs. I was on a similar situation a few years back, I bought my first 4 IP’s under my own name. I just kept them and made sure the next ones were under the right structure for me, my plan, etc. (trust).  Dont worry too much about this IP being under your name, make sure you see a good accountant to set you up with the right structure that fits you investment plans and use that “lazy” equity to purchase more IPs.Happy Investing

    Profile photo of propertypowerpropertypower
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    @propertypower
    Join Date: 2006
    Post Count: 312

    Hi Tim,
    I will not recommend transferring the property to a trust because of CGT and Stamp Duty costs, etc. Couple of things you can do to increase the protection:
    1/ Reduce the equity in the house by maximising your borrowing against your current IP.
    2/ Make sure you have a building, contents and landlords insurance policy.

    Profile photo of PtialvPtialv
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    @ptialv
    Join Date: 2005
    Post Count: 57

    Can somebody please explain what is lazy equity.

    Profile photo of JONCHUJONCHU
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    @jonchu
    Join Date: 2004
    Post Count: 112

    Hi Ptialv, equity refers to the portion of the property that is yours (in simple terms), in Timbo’s post, he mentions he has got a fully paid IP, so even though this is a good position to be in, he is not leveraging his money. He can use some of that equity to purchase more properties in order to spread risk, grow his portfolio, etc. so this is why sometimes the word lazy is used, because your money it is not working hard for you. I hope this makes sense. Happy Investing

    Profile photo of Tysonboss1Tysonboss1
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    @tysonboss1
    Join Date: 2007
    Post Count: 306
    Ptialv wrote:

    Can somebody please explain what is lazy equity.

    Lazy Equity can also be used to describe money that is not working as hard for you as it used to be,.. for example,

    you buy a house for $200,000 that earns $16,000 rent per year so that is a 8% return,…. how ever 3 years later your house is now worth $400,000 but you rent has only gone up to $20,000 per year so you are now only earning 5% return on your property, so your return on equity has been dropping because on that extra $200,000 of equity you now have your are only earning an extra $4,000

    Profile photo of Tysonboss1Tysonboss1
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    @tysonboss1
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    timbo. wrote:
    Hi all,

    My Question:
    I want my current IP to be protected, but I'm not sure if it will be worth the costs involved.
    Should I transfer my current IP into the trust or leave it out?

    I'd be grateful to hear from anyone who has been in a similar position or has an opinion on this.

    Cheers,
    Tim.

    I would not move your existing house into the trust,…. But I would set up a structure inwhich to buy future investments in,

    Do you own your own home,…. If not when you finaly want to settle into your own home I would sell your investment that is in your own name to buy your home (since you said it was almost paid off) that way you will not have much debt against your home which is not tax deducable,…. you can then use the equity in your family home to finance buying another investment property in your trust that way you end up with a family home almost debt free and another investment with with debt against it which is now tax deductable,…

    another thing is that you mentioned that you are paying off your investments,… you should never pay a single $ off your invesment loans if you have any other non tax deductable debt(car, boat, credit card).

    Profile photo of timbo.timbo.
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    @timbo.
    Join Date: 2007
    Post Count: 18
    Tysonboss1 wrote:
    I would not move your existing house into the trust,…. But I would set up a structure inwhich to buy future investments in,

    Do you own your own home,…. If not when you finally want to settle into your own home I would sell your investment that is in your own name to buy your home (since you said it was almost paid off) that way you will not have much debt against your home which is not tax deductible,…. you can then use the equity in your family home to finance buying another investment property in your trust that way you end up with a family home almost debt free and another investment with with debt against it which is now tax deductible,…

    another thing is that you mentioned that you are paying off your investments,… you should never pay a single $ off your invesment loans if you have any other non tax deductable debt(car, boat, credit card).

    Hi Tysonboss,

    Thanks for the reply.

    I don't have any other debt, apart from the existing IP.  I should have done something with the equity in that earlier, but I WAS sort of a "hands off" type investor.  That HAS changed, and I am looking to get that equity working for me!

    I do not own my own home, so your suggestion is a consideration when the time comes to purchase.

    Do you see any advantages (or disadvantages) of having your PPOR in the trust structure?
    ie, If you decide to change your PPOR, you have the option of adding the current one to your portfolio within a the trust structure.

    Are there any tax implications to this (CGT/Fringe benefits etc…)?

    I will be consulting with an accountant regarding this, but want to get as much background information as possible.
    Also will be looking to research trusts, I have done some searches of this forum and there have been some commonly recommended books (except they cost more to ship over here to the UK than they cost!)

    Profile photo of J MoloneyJ Moloney
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    @j-moloney
    Join Date: 2007
    Post Count: 3

    Hi I'm Janie I'm 20yo. i am really new to the property investment game. I bought my first home November last year with the aid of the first home owners grant with the intention to turn the property into a rental. My decision to by a property so early has stemmed from fear of 'missing the boat' rising interest rates etc. So i had little or no time to fully understend what i was doing & still i have no idea what property investing is all about. Can anyone help me absorb & understand it all or suggest good texts, websites or industry proffessionals that can help?

    also I was reading this forum the reply by TYSONBOSS1 

     "you should never pay a single $ off your invesment loans if you have any other non tax deductable debt(car, boat, credit card)."

    Can you explain this a little more? i'm interested to know why.
    Thanks, Janie

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

    Hi Janie

    If the property is your current PPOR with a view to turning it into an IP later I would make sure that the loan is an interest only loan with a 100% offset account attached to it.

    Might cost a little more upfront in LMI premium with some lenders however over the long term it will be well worth it.

    Richard Taylor | Australia's leading private lender

    Profile photo of Tysonboss1Tysonboss1
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    @tysonboss1
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    timbo. wrote:
    [
    Do you see any advantages (or disadvantages) of having your PPOR in the trust structure?
    ie, If you decide to change your PPOR, you have the option of adding the current one to your portfolio within a the trust structure.

    I wouldn't put your own home in the trust,… you would have to talk to an accountant because if the home is in the trust you may have to pay capital gains tax when you trade up,…

    Another thing to think about is why you want to put it in a trust in the first place,…. the reason most people use investment structures is to legally separate there investment assets from personal assetts,… picture each structure as beening a fire wall separating your assets,… if there is a fire (bankrupcies, litigation etc) anything in that structure where the fire started is under threat,… so as you bulid your portfoilio you may want to have upto 3 structures which you invest under.

    Profile photo of Tysonboss1Tysonboss1
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    @tysonboss1
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    Post Count: 306
    J Moloney wrote:
    Hi I'm Janie I'm 20yo. i am really new to the property investment game. I bought my first home November last year with the aid of the first home owners grant with the intention to turn the property into a rental. My decision to by a property so early has stemmed from fear of 'missing the boat' rising interest rates etc. So i had little or no time to fully understend what i was doing & still i have no idea what property investing is all about. Can anyone help me absorb & understand it all or suggest good texts, websites or industry proffessionals that can help?

    also I was reading this forum the reply by TYSONBOSS1 

     "you should never pay a single $ off your invesment loans if you have any other non tax deductable debt(car, boat, credit card)."

    Can you explain this a little more? i'm interested to know why.
    Thanks, Janie

    Congratulations….. It's great that you have started early I bought my first house about 5.5years ago when I was 20 also,…

    as I was saying earlier it is best not to pay of your investments till after you have paid of your family home because interest payments on your investments are tax deductable where as personal assets aren't,…..

    so if you have 2 loans one for a car and one for your investment,… even if the were both 8% interest the fact that you can claim the interest back on the investment loan means that after tax the 8% interest is really probally about 4.5% but the car loan will still be 8% so it is best to pay of all the personal debt first,

    Even if you have no personal debt what I would recomend is placing your investment loan on interest only with an offset account an any funds you would normally be paying off the loan accumulate in the off set account,.. that way in 5 years when you want to purchase your own home you can redraw the money from the offset account for your deposit so you have maintained you total amount of tax deductable loan, and minimisised the amount of non tax deuctable home loan.

    Profile photo of J MoloneyJ Moloney
    Member
    @j-moloney
    Join Date: 2007
    Post Count: 3

    Hi all, Thanks for all the feedback it's much appreciated. I have lots more questions to be answered though!!
    Firstly what does PPOR stand for? Personal Place Of Residance??
    and once you have a loan on Principle & interest can you change it to Interest only?
    How does an offset account work, can it be set up with any lender??
    I'm currently with NAB are the good or bad?
    I have many more questions but i'll ask the rest later.
    Cheers Janie

    Profile photo of Tysonboss1Tysonboss1
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    @tysonboss1
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    Post Count: 306
    J Moloney wrote:
    Hi all, Thanks for all the feedback it's much appreciated. I have lots more questions to be answered though!!
    Firstly what does PPOR stand for? Personal Place Of Residance??
    and once you have a loan on Principle & interest can you change it to Interest only?
    How does an offset account work, can it be set up with any lender??
    I'm currently with NAB are the good or bad?
    I have many more questions but i'll ask the rest later.
    Cheers Janie

     

    YES PPOR stands for primary place of residence or personal place of residence,…

    Yes you should be able to switch the loan to Interest only quite easily,..

    An interest offset account is basically an account that is linked to your home loan and any funds in the offset account saves you interest on your homeloan,…. eg,. If your loan is $200,000 and you have $5000.00 in your offset account you will only be getting charged interest on $195,000 rather than the full $200,000 for every day the money is in your offset account…… most banks have offset accounts NAB definatly does,…. make sure you can get a 100% offset account though, as that means the money will offset 100% of the interest as some products only offset a portion of the interest.

    None of the banks are either good or bad,… the main thing is to find the finance products that best suit your needs, and will lend you the amount you need a good rate. 

    Profile photo of J MoloneyJ Moloney
    Member
    @j-moloney
    Join Date: 2007
    Post Count: 3

    Thanks tysonboss!
    so basically what you're saying is having you're Investment Loan set up as interest only with a 100% offset account is the way to go?
    Again with the 100% offset acount do you only make the normal repayment required or do you pay more than the set repayment amount??
    Cheers Janie

    Profile photo of Tysonboss1Tysonboss1
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    @tysonboss1
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    J Moloney wrote:
    Again with the 100% offset acount do you only make the normal repayment required or do you pay more than the set repayment amount??
    Cheers Janie

    once the offset account is linked to your loan you will still have to make your normal payments onto the loan whether that be priciple and interest or interest only, but you have the option of storing any extra funds in the offset account to save interest.

    If you still want to feel like you are paying your loan off you can transfer your payments to interest only,  which will reduce your payments but instead of spending that extra money place the differance between what your payments are now and your new interst only payment into your offset each month,… also any money that you don't need for a week or so you can place in there to save interest.

    As I said earlier it is a great way to get all the benefits of paying off your loan, but because you haven't actually paid anything off your priciple you can withdraw the funds and use it on a personal item suchas your own home and your loan is still classed as tax deductable,…. but if you actually paid the money directly off the priciple then withdrew money from the loan and spent it on a personal item then the portion of the loan used on the personal item would no longer be tax deductable.

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

    Having your main residence in a trust is not generally a good idea for the following reasons:
    1) Land Tax is payable
    2) You do not get a CGT exemption
    3) You may have to pay income tax (unless you can keep distributing to non tax payers) when the proeprty becomes positively geared
    4) Trusts cannot offset losses unless they have other income or a Hyrbid trust is used (tax nightmare) or a unit trust is used
    5) ATO has put out a ruling warning against the use of Unit trusts to own your own home in.

    But if you have another place which you can claim the PPOR CGT exemption on and this property will be a short term home, then it can be a good idea to buy in a trust – you just have to structure it carefully. Imagine all the other advantages such as claiming tax deductions for curtains, knives and forks, toilet paper, gardening etc.

    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 TerrywTerryw
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    @terryw
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    As for moving existing properties into a trust, it can still work out worthwhile if you have a large home loan and a small loan on the ivnestment property with heaps of equity. Selling to a trust will effectively allow you to convert non-deductible debt into deductible debt. You then need to compare the interest and tax savings with what the transfer costs will be.

    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 Tysonboss1Tysonboss1
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    @tysonboss1
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    Terryw wrote:
    As for moving existing properties into a trust, it can still work out worthwhile if you have a large home loan and a small loan on the ivnestment property with heaps of equity. Selling to a trust will effectively allow you to convert non-deductible debt into deductible debt. You then need to compare the interest and tax savings with what the transfer costs will be.

    good point

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