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  • Profile photo of Freedom2Freedom2
    Member
    @freedom2
    Join Date: 2003
    Post Count: 2

    Hi Everyone,

    I would like to hear about the disadvantages and advantages of buying your PPOR through a trust.

    Has anyone done it?
    Can the trust charge yourself interest which is tax deductable?
    Can anyone separate the facts from the rumours?
    Tax implications, long and short term?
    The daily & weekly operations of the trust and how to manage it?

    I think this could be a very interesting topic.

    Regards
    Freedom

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

    I beleive it can be done, but haven’t done it myself.

    Advantages
    -Can claim expenses against other income, ie negative gear
    -Asset proection
    -can also furnish the property, and claim or depreciate almost everything you buy!!!

    Disadvantages
    -ATO is cracking down?? (I recall something from a few years ago, maybe a tax ruling, about this and unit trusts??)
    -You must pay market rent, so with increases the property will become positively geared eventually and the trust will then pay tax on the rent
    -You may want to sell down the track, and will have to pay CGT
    -There is no land tax exemption for trusts (in most states?)

    I wonder what some good accountants would say (like Dale GG). Chris Batten says in one of his books that he generally recommends the PPOR be purchased in individual names.

    Terryw
    [email protected]

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

    Here is a link to a tax ruling on the ATO site:
    http://law.ato.gov.au/atolaw/view.htm?locid='TXR/TR200218/NAT/ATO

    Income tax: home loan unit trust arrangement
    TR 2002/18

    Terryw
    [email protected]

    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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