All Topics / Help Needed! / Looking for advice to set up a trust account

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  • Profile photo of DerekLanganDerekLangan
    Participant
    @dereklangan
    Join Date: 2014
    Post Count: 28

    I am looking to set up a trust account with some family members in order to combine our loan capacity and I would like to know if anyone can help answer some questions in order to find out the best way to set up the trust and what benefits or drawbacks this may have

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

    It sounds like you want to set up a trust not a trust account.

    I am a trust lawyer – ask away.

    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 DerekLanganDerekLangan
    Participant
    @dereklangan
    Join Date: 2014
    Post Count: 28

    Hi Terry thanks for your reply. We look as though we are going to take a joint personal loan in order to be able to claim any tax benefits that will apply to this investment property. What I wanted to know is, I was told last year at a property seminar that if you set up a trust and then use that trust as the director of a seperate trust which holds any equity from your personal properties you can use that trust as leverage to obtain a greater lending capacity when applying for future loans if you are a single applicant. Then also you can purchase investment properties under the secondary trust and then say for example have your partner rent the property under her name and use the property as your residence as long as the funds are paid into the secondary trust. Is this possible or have I missed something which I haven’t understood?

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

    Hi Derek

    What you have said above doesn’t make sense. A trust cannot be a director, only persons can be directors. A trust doesn’t even have a director, but there may be a company which is a trustee of a trust. A trust cannot hold equity, but a trustee could take a mortgage over other property owned by others.

    Not sure how this could leverage borrowing capacity though.

    A person could rent a property owned by the trustee of a trust of which they are a beneficiary, but many issues to consider.

    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 DerekLanganDerekLangan
    Participant
    @dereklangan
    Join Date: 2014
    Post Count: 28

    Thanks Terry I obviously have no idea of what I am talking about and have totally misunderstood the information I was given. I guess what I wanted to find out is are there any benefits to purchasing with a trust when I start out or would it be something I look into later down the track?

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