All Topics / Help Needed! / Finance Structures for Individuals
Hello,
Would anyone be able to help me out in the area of finance structures?
There is alot of mention that setting up a finance structure like unit trusts is great for partnerships and married/defacto relationships, etc. How about individuals?
What finance structures are available to individuals in order to be able to borrow more for investment properties and reduce risk? How many properties or what is the recommended maximum value of the finance structure is suggested prior to setting up another finance structure?
Any advice in this area would be greatly appreciated.
Thanks for your help.
Cheers, Aqualife
Hi Aqualife
Remember you may not be single all of your life so you need something that can adapt with you.
My preference would a Discretionary Family Trust although such a structure will not assist in increasing your borrowing capacity.
As a Trustee you would need to disclose all loans which you Guarantee but a DFT will provide you with good Asset Protection.A Unit Trust can also be used by an individual however many of the previous benefits have been eroded.
There is no limit to how many properties you can own within a single Trust but realistically to be on the safe side would probably limit it to 6 or 7.
Richard Taylor | Australia's leading private lender
Hi Richard, I assume I can find out more baout Discretionary trusts if I google it. Can you still claim tax deductions etc if you set up a discretionary trust? What happens if you have already purchased three IPs? Can they be transferred to the trust?
Sorry to hijack your post Aqualife, I would also like to know the best way to structure my investments, particulalry after comeing out backwards from a divorce.
cheers
SonyaI think if may help if you are talk about ownership structures rather than finance strucutres.
Expenses are claimed by the person or entity that owns the property so if you set up a DT it would claim all costs including depreciation etc. One disadvantage is that if there is a loss this loss is trapped within the trust and cannot be used to offset personal income. The trust can still negative gear if it has other income (ie income can be reduced by losses) but if there is no other income the loss can be carried forward until the next year – or until there is a profit to offset it.
Also these structures cannot help you borrow more because lenders will take personal guarantees from the people behind the trust and all loans and guaranteed loans of the entities and people involved will be taken into account.
For flexibility and safety it would be good to have just one property per trust, but it is up to you. This is because If the trust is sued all the assets of the trust would be at risk and having one per trust can help control losses if there are any – eg. keep a loss for a future year rather than use it up on a capital gain. Flexible planning.
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
Hello all,
Thank you for your advice. That gives me something to think about.
Sonya,
I heard that when transfering a property from one's name to a trust, one may need to pay stamp duty.
Cheers, Aqualife.
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