All Topics / Help Needed! / Personal title, company or trust for my first investment property?

Viewing 11 posts - 1 through 11 (of 11 total)
  • Profile photo of TRM390TRM390
    Participant
    @trm390
    Join Date: 2014
    Post Count: 4

    Hi Guys,

    I’m in my early twenties and I’m looking to buy my first IP which will most likely be negatively geared.

    What are your experiences buying an investment property under a 1) your personal title 2) company title 3) Trust.

    What lessons have you learnt both short and long term?

    Although the costs and benefits of a company and trust are probably not applicable to my situation right now, I’m keen to explore the positives and negatives of each form of ownership before I buy; because by changing the title down the track (ie. when I have a family, accumulate more property etc), I could be up for thousands in additional stamp duty and/or capital gains tax.

    Cheers

    Profile photo of RPIRPI
    Participant
    @rpi
    Join Date: 2012
    Post Count: 308

    There are multiple options and different benefits and drawbacks for different options in different states.

    Company by itself can be useful for a development but not for investment (No CGT discount for example)

    Land Tax varies greatly for different entities in different states.

    If you are negative gearing a discretionary trust is not going to help.

    But you could buy 50% in your own name and 50% in a discretionary trust. You could buy in your own name but utilise a layered structure with a discretionary trust for asset protection but actual title held in your name for negative gearing.

    If you were in NSW then land tax will kill you on a discretionary trust.

    RPI | Certus Legal Group / PRO Town Planners
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    Property Lawyer & Town Planner

    Profile photo of Modernity InvestingModernity Investing
    Participant
    @mark-coburn
    Join Date: 2006
    Post Count: 181

    TRM390,

    The first rule in property investing is keep it simple. Of the 100 plus properties we buy for clients in a year, less than 10 would be inside a structure. Of those, 7 or 8 would be for people who own north of 15 properties and the other 2 -3 are lawyers who are very risk adverse.

    Also, I am surprised that at today interest rates the property you are buying is negative geared, is this before tax or after tax? What percentage of debt are you borrowing (LVR)?

    Modernity Investing
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    Profile photo of kane9539kane9539
    Participant
    @kane9539
    Join Date: 2014
    Post Count: 9

    You could buy in your own name but utilise a layered structure with a discretionary trust for asset protection but actual title held in your name for negative gearing.

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    What lessons have you learnt both short and long term?

    Hi TRM

    If you’re considering purchasing in a different entity you’ll need to consult some professionals who will tailor advice to your specific circumstances. Speak with a good solicitor and accountant about the different entity options.

    Agree with Mark though – the majority of clients I deal with purchase under their own name.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
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    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of CanberraClaireCanberraClaire
    Participant
    @canberraclaire
    Join Date: 2005
    Post Count: 47

    It’s great that you’re thinking about the end game now.
    You might also like to find out about testamentary trusts if you’re concerned about estate planning, they activate as part of your will and might you help with passing on assets in the most advantageous way.

    It’s not a black/white choice either, you can start off investing in your own name and then for future purchases buy in a structure. The cost of setting one up and keeping it compliant can add up, and you’ll need to consider other impacts such as land tax as already mentioned.

    CanberraClaire | Capital Buyers Agency
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    Exclusively for property buyers

    Profile photo of TRM390TRM390
    Participant
    @trm390
    Join Date: 2014
    Post Count: 4

    Thanks for all the great discussion points guys!

    I am in Victoria, so I need to look into how holding a property in a trust is affected by land tax. Does anyone know off the top of there head if it is similar to NSW?

    Profile photo of TRM390TRM390
    Participant
    @trm390
    Join Date: 2014
    Post Count: 4

    Hi Mark & Jamie – Thanks for your insight guys! I understand that the majority of people buy in their own name, however I guess looking at the end game I would like to be in the minority who own more than just the average 1-2. So if I can take notes from those who have done really well, I hope it to put me a little ahead of the game.

    After a little more research over the past week, the negative gearing is my next sticking point. I have a conditionally approved loan for an amount which allows me to buy a small 2 bedroom house/unit around where I am currently living in eastern suburbs Melbourne which I know well. An area which has experienced some great growth in recent times – has some major developement plans in the next few years, it is close to schools, shopping centres, major train station etc. However my LVR is around the 95% mark which slight concerns me.

    I have started looking at:
    – Properties in regional victoria which would be neutrally/positively geared however I just don’t know the areas that well and obviously they are harder to go visit over the weekend.
    – Suburbs a little out of where I am currently looking, which will be slightly better geared but probably won’t get the capital gains as they are that annoying 15min from the freeways and will probably attract a lesser quality tenant given the current demographics of the suburb.

    Thoughts on a LVR of around 95%?

    Profile photo of Modernity InvestingModernity Investing
    Participant
    @mark-coburn
    Join Date: 2006
    Post Count: 181

    Capital growth is king! Always target capital growth as your primary goal, yield should be your secondary goal. At todays interest rates you should be positively geared after tax, this is an important point when looking for an investment property. Everything we are buying with 100% debt (borrowing the 20% deposit included) is positively geared after tax.

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

    Land tax is vic is different to NSW. Trusts do get a threshold there, unlike NSW, but it is very small. But the rates of land tax are higher for trusts than individuals unlike NSW.

    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 BuyersAgentBuyersAgent
    Participant
    @knightm
    Join Date: 2005
    Post Count: 338

    Land tax is vic is different to NSW. Trusts do get a threshold there, unlike NSW, but it is very small. But the rates of land tax are higher for trusts than individuals unlike NSW.

    Given this I would consider own name if I was you. (unless your day job is high risk of being sued like medical dr or similar)

    BuyersAgent | Precium
    http://www.precium.com.au
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    South Coast NSW Independent Buyers Agent - Wollongong to Batemans Bay and Regional NSW. DOWNLOAD OUR FREE 14 POINT PROPERTY BUYER'S CHEATSHEET to avoid painful mistakes at precium.com.au

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