All Topics / Legal & Accounting / Trust Structure

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  • Profile photo of goodenergygoodenergy
    Member
    @goodenergy
    Join Date: 2008
    Post Count: 16

    I currently owe $50,000 on my family home and own outright a small investment property which is in my name.
    I don't understand what a trust structure is? Can anyone explain it to me please? Is there a difference between personal trusts and or unit trusts?
    Is it only done prior to purchase or can I transfer this owned property to a trust?

    Profile photo of scullymanscullyman
    Member
    @scullyman
    Join Date: 2004
    Post Count: 43

    Goodenergy,

    There are a number of topics on this site that cover descretionary trusts and unit trusts. Try searching. Transferring the property into a trust may have some tax implications that you might want to discuss with an accountant.

    Cheers

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

    Transferring any property into a Trust Structure or any other entity for that matter will have both a Stamp Duty and possible CGT implication.

    Whilst there are numerous benefits for wanting to hold property or assets in general in Trust you need to weigh up exactly what you are trying to achieve first so that a clear plan of progression can be mapped out.

    Feel free to ask any particular question and we can all try and answer it for you. 

    Richard Taylor | Australia's leading private lender

    Profile photo of Wealth AccumulatorWealth Accumulator
    Member
    @wealth-accumulator
    Join Date: 2008
    Post Count: 67
    goodenergy wrote:
    I currently owe $50,000 on my family home and own outright a small investment property which is in my name.
    I don't understand what a trust structure is? Can anyone explain it to me please? Is there a difference between personal trusts and or unit trusts?

    Discretionary Family Trust – ambigous ownership of assets – determined by capital introduced or the beneficiary loan accounts – benefit discretion of trustees on how to distribute income.

    Unit Trust – ownership determined by who owns the units in the trust – distribution determined by who owns what proportion of units in the trust.

    Which better? Depends on purpose and many variables – should consider various issues, income, estate planning, risk management, tax etc.

    Is it only done prior to purchase or can I transfer this owned property to a trust?

    Property transferred to trust is considered a CGT and Stamp duty trigger event

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

    WA has given an explanation of 2 of the 5 main types of Trust structures.

    Consult a qualified adviser prior to taking any action.

    Richard Taylor | Australia's leading private lender

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

    A trust is where someone holds something for someone else. The easiest way to understand the concept is to think of a parent opening a kids bank account. The parent is the legal owner, but the beneficial owner is the kid – the parent (the trustee) just operates the account for the real owner (the kid as beneficiary).

    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

Viewing 6 posts - 1 through 6 (of 6 total)

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