All Topics / Legal & Accounting / Buying a property jointly with company via trust?
Hi everyone
It’s been great to read these forums. I’m hoping to get some advice for my situation in looking to buy our first home. I run a successful business with a healthy cashflow and currently little expense. Also the business is expanding and needs an office which could either be a home office in the new property or a separate building.
If anyone has some thoughts to share it’s much appreciated. Also if there are any property investment advisors experienced with similar scenarios, I’d love to get some advice.
Our details:
* We’re currently renting
* We’ve looking to buy a property in the $700k range (this would suit the home office)
* We have over $400k in personal savings
* I own a company with a healthily cashflow
* The business has savings of over $300k
* My wife is currently not workingThe things I’m wondering:
* Should we be looking into some buying the property in some trust in which the business is also a trustee as well as us? The potential advantage here I see is that we may not need to get a mortgage. I’m not even sure if that is possible.
* It would be good for the business to have more expenses. If the business was a trustee in owning the property is it viable for the property expenses to be partly deducted by the business.
* As my wife isn’t working a trust might be a good way for her to receive income
* It seems the main reason not to use a trust is you don’t benefit from CGT. However if the trust brings greater tax benefits it may outweigh the advantages of the CGT.
* I’m possibly looking at this wrong and should be aiming to have a mortgage as that allows for negative gearing which may lower my personal income.Our priorities are:
* That the property will be protected (if something was to happen to the business the property would be OK)
* We have a structure that gets a tick from the ATO – I know there is a crackdown on hybrid trusts so wouldn’t want anything riskyThanks!
So pointers:
– NEVER run a business from a trust that owns assets – if the business fails the assets will be at risk.
– Probably best to use a Pty Ltd company for running the business with the shares of the company owned by a discretionary trust.
– A business cannot be trustee, only a person or a company. You would get more asset protection by having another company operate as trustee for your property trust rather than a person.
– Never run a business as a sole trader. ie in your name with a business name registered. very dangerous.I would suggest you talk to a good accountant and get something set up as there are many opportunities for you. You could buy the place you will live in in a trust and have the trust claim everything. This can be good, but you won't be utlising the CGT exemption as this won't be available.
What you could do is to buy somewhere, live in it briefly and then move out. Then you can claim this place as the main residence for up to 6 years absence. Then you buy the place in the trust and live in that. That way you will still have the main residence CGT exemption and the benefits of negative gearing your own property.
You will also need to work out the best way of utlising your savings and the company's savings. eg do you loan it to the trust or gift it etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Terry, thanks so much for your reply! Do you happen to know any good accountants I could talk to, or do you help with this sort of thing yourself?
Try http://www.guardianpartners.com.au
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks very much Terry. Would you happen to know anyone in Melbourne? Sorry, I should have mentioned that.
Not really. There are a lot of accountants around, but I don't know any good ones down there. maybe gatherum-goss accountants.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Terry I did end up talking to http://www.guardianpartners.com.au and they were helpful. Basically after going over the details of my situation the advice was just to buy the property in own name, rather than a trust and if using savings from the company to pay top-up tax on that.
Good news Greyskull!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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