All Topics / General Property / Structure for property investing

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  • Profile photo of davidbdavidb
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    @davidb
    Join Date: 2003
    Post Count: 10

    We already have a Discretionary Trust so can I modify this trust structure and put a corporate trustee in place or do I need to start from the beginning. We already disperse a partnerships profits through this trust. Could I use this trust to buy property?[:)]

    Profile photo of westanwestan
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    @westan
    Join Date: 2002
    Post Count: 1,950

    hi davidb

    i use a trust for my property holdings, one without a corporate trustee. the only advantage with acorporate trustee is the element of asset protection. but the cost is considerable. if you restructured i think all you need do is change the trustee, however this may effect the mortgages (if you have them) because they would need to be rewritten i believe.
    regards westan

    Profile photo of davidbdavidb
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    @davidb
    Join Date: 2003
    Post Count: 10

    Current 4 mortgages in joint names and want to add more but now realize I need some structure – I’ve just read Wealth Guardian.Planning to add more properties soon.

    Profile photo of melbearmelbear
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    @melbear
    Join Date: 2003
    Post Count: 2,429

    Westan, I didn’t think that a corporate trustee added asset protection. I thought it just separated the properties more fully from your own holdings.

    We have a corporate trustee, and my reasoning is that it’s a lot easier to change the directors, and therefore who controls the trust without having to change all the mortgages/titles as you mentioned.

    I can’t remember the other reasons why the Company was good, it’s been a while since I looked at it. I’ve just purchased Dale GG’s Trust Magic though, so I reckon that should ‘re-enlighten’ me.

    Quick Q. Do you have more than one trust? Or do you have all properties in the one?

    Cheers
    Mel

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

    I think a corporate trustee is ‘safer’ because if the trustee is ever sued, then the company has nothing, while the individual trustees personal assets could be exposed.

    You can change trustees, but have to be careful you do not trigger a CGT event. If the beneficiaries are changed substantially, then the ATO can deem one trust to be closed and the other opened, so they treat this like a sale and therefore you could be up for CGT and stamp duty. So make sure you get expert advice.

    Terryw
    Discover Home Loans
    North Sydney
    [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 westanwestan
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    @westan
    Join Date: 2002
    Post Count: 1,950

    hi all

    terry you have explained what i ment about assett protection, (it is from a legal point).

    mel i only have one trust, i should probably start to seperate some of my assetts, but i do have a separate company where i hold some assetts. thanks for reminding me about that because it’s something i wasd thinking about recently but didn’t do anything about.
    terry if i was a trustee and had signed all the mortgage documents and the i was replaced as trustee would the banks require the mortages to be redone with the new trustee???
    westan

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

    Westan

    The mortgage contract will specify what you have to do. eg with one of my ANZ mortgages it states:
    “If anyone succeeds me as trustee of the trust, I will make sure that my successor executes whatever documents ANZ requires to ensure that this mortgage is binding on my successor”

    If the loan is in the trust’s name and you are guarranteeing it, and you then set up a company with yourself as Director, you would still be guarranteeing the loan anyway. So there would not be much difference, but a few forms will need to be filled out.

    Terryw
    Discover Home Loans
    North Sydney
    [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

Viewing 7 posts - 1 through 7 (of 7 total)

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