All Topics / Legal & Accounting / Discretionary Trust – depriciation as a deduction

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  • Profile photo of whatsmy_age_againwhatsmy_age_again
    Participant
    @whatsmyageagain
    Join Date: 2016
    Post Count: 5

    Hi everyone,

    My partner and I have explored having an IP in a Discretionary Trust with a Corporate Trustee.
    The property is likely to run at a cash loss for now, with the losses carrying forward to offset any future income within the trust. Let’s run an example:

    Income = $20000
    Expense = $22000.
    So there is a $2000 loss.

    If we also put depreciation in the mix of say, $4000 each year, that equals to a total $6000 “loss”.

    My question is: is that entire $6000 loss carried forward to be used in the future to offset any potential income or just the $2000? If just the $2000, then what happens to that $4000 from depreciation? Surely it isn’t loss.

    Thanks!

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

    entire

    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 whatsmy_age_againwhatsmy_age_again
    Participant
    @whatsmyageagain
    Join Date: 2016
    Post Count: 5

    Good stuff. Thanks mate.

    Profile photo of whatsmy_age_againwhatsmy_age_again
    Participant
    @whatsmyageagain
    Join Date: 2016
    Post Count: 5

    One other thing, if you don’t mind:

    So when the trust does make a profit, let’s say of $2000, is $2000 of the accumulated losses used to make that profit non-taxable, so to speak? You can distribute that entire $2000 to beneficiaries without being taxed?

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

    Basically yes. That $2000 would be capital of the trust and could be distributed tax free.

    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

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