All Topics / Legal & Accounting / Property in Family trust sold to pay off PPOR

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  • Profile photo of MrWinfieldMrWinfield
    Participant
    @mrwinfield
    Join Date: 2009
    Post Count: 17

    Hi All,

    I have a 50% share in an investment property in my family trust worth $1.5m approx. My share $750k, my share of debt is $310k – so net equity $440k approx. My home loan is $347k, trust does nothing but hold this asset

    Question  – Can Trust asset be sold to me personally at market value and proceeds from sale then distributed and applied to the home loan debt? What is the CGT and costs of doing this transaction? Is this allowed and whether its a smart  business decision?

    Any advice appreciated

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

    When you say a 50% share, do you mean there are units issued? Or are you talking generally? because beneficiaries cannot have shares in a discretionray trust – otherwise it would not be discretionary.

    If the trust is a unit trust this opens up a range of opportunites for you.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://structuring.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of MrWinfieldMrWinfield
    Participant
    @mrwinfield
    Join Date: 2009
    Post Count: 17

    Family trust owns 50% of an IP with another entity, pretty sure my trust is not a "unit trust", best i re check the doco. Cheers Terry.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

    Oh, maybe it is your trust as tenants in common with another person or trustee?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://structuring.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of MrWinfieldMrWinfield
    Participant
    @mrwinfield
    Join Date: 2009
    Post Count: 17

    Correct – So am i wrong to pay CGT, Stamp duty, break loan fees etc just to have the property in my name and no home loan mortgage? Obliviously, if i then go on to sell it again, later in life then i am having to pay these fees all over again.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

    What is the purpose in wanting to do this and is the other party a trust or an individual?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://structuring.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of MrWinfieldMrWinfield
    Participant
    @mrwinfield
    Join Date: 2009
    Post Count: 17

    Purpose is to pay of home loan, increase cash flow as i won't have a mortgage to pay and receive tax benefits from IP which will be under my own name and not family trust. The other party is another family trust entity. The only disadvantage i see is that i will be forced to pay two lots of stamp duty – 1 now to have the property sold from Trust to me personally and then again later in life if i decide to sell it again. 

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

    If only you had used a unit trust

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://structuring.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

Viewing 8 posts - 1 through 8 (of 8 total)

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