All Topics / Finance / Found 1st IP, any advice on my idea? :-)

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

    A trust would work very well if there was a profit straight away.

    If there is a loss then it could cost you a bit more than holding in your own name. But this doesn't mean you shouldn't use a trust. You must weight up the benefits.

    If you were self employed you could easily direct income into the trust to offset the loss and therefore save personal income tax. If not self employed then it is not as easy.

    Also stamp duty would be payable on the transfer to a trust as well as CGT and legals. You would also lose a large amount of asset protection than you would if you had purchased it in the trust initially (clawback provisions of the Bankruptcy Act).

    Not really sure what you mean by the income and viability bit.

    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 MidsomerMidsomer
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    @midsomer
    Join Date: 2011
    Post Count: 30

    I meant if we had say 4-5 properties, the trust would be viable becuase the rental income would be around 60-70k per year.

    Is there much complication in refinancing to release equity to purchase a 2nd IP, if the property is owned by the trust?

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

    If you had 4 or 5 properties you would still have the same issues. The trust could still have tax losses initially. But as time goes by older properties will become cashflow positive and this will offset the losses by newer properties.

    If accessing equity from a trust there are the usual lender requirements which shouldn't pose much more of a problem. Then you have the additional trust law related problems. The trust assets are not your own and you mustn't use the funds for yourself at the expenses of other beneficiaries. keeping this in mind you should be able to access equity for further investments 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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You may also wish to consider another option.

    Purchase the property in a fixed unit trust and borrow to buy hte units. If done properly the interest on the purchase of units will be deductible against your own personal income. Land tax free thresholds would also apply in NSW.

    This is almost the same as buying in your own name, but it adds a great deal of flexibility because later on your trust can redeem the units and then be converted into a discretionary trust. Stamp duty and CGT may apply but the stamp duty may be less than it would in transferring the legal ownership. Added bonus is that tthe trust may be able to borrow to buy the units off you and claim the interest as a tax deduction.

    you need good advice on this one.

    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 MidsomerMidsomer
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    @midsomer
    Join Date: 2011
    Post Count: 30

    Has given me a lot to think about. Thanks!

    I was thinking if bought in a trust, yes there would be inital losses, but if say every 2nd year another IP was added, by the time you got to year 7-8, the first property or two should be CF+ to offset the new additional properties… Just wondering if the inital $5-7k loss in tax per year if a worthwhile cost for the sake of a 25-30 year portfolio, or longer..?

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

    I suggest you do some excel spread sheets with different scenarios. See how it goes with trust v personal names 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 MidsomerMidsomer
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    @midsomer
    Join Date: 2011
    Post Count: 30

    Thanks again.. I’ll see what I come up with! :-)

Viewing 7 posts - 21 through 27 (of 27 total)

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