All Topics / General Property / Does anyone own their own corporation?
Hi,
I just wanted to know if anyone used a registered corporation to buy their investment properties with?
All of the books I’ve ever bought focus in on individuals buying assets but I own my own corp and would love to buy my investments with pre-tax dollars. Has anyone done this? Or does anyone know of any books that specifically address if there are any caveats to using your personal corp?Thanks!
P
Hi Princess, Yes I have used one of my companies Residential Wealth Pty Ltd, to purchase land, build houses/duplexes etc and on sell through agents.
My main company ( The Asset Group P/L ) and others are never used for this purpose.
Regards Phil … talk to your accountand and legal people, plus get good tax advise … good luck
Plenty of people use companies to purchase property. But it is not neccessarily a good idea as you will lose the 50% CGT discount. Using a trust would be better, probably.
Terryw
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If your purpose is to buy using “pre-tax dollars”, the company is still going to have had to pay tax on its profits unless it has losses that it is carrying forward. Might be better to look at maximising contribution from company to a self managed super fund and then using the funds in the SMSF subject to the various requirements for purchasing assets for a SMSF
It’s not so much using pre tax dollars as not using dollars coming directly out of my own personal bank account – my company earns more than I pay myself and if the rest sits idle then I only end up paying corporate tax on it anyway.
I have a superfund and a family trust – the family trust is handy for protecting assets but is taxed at individual rates – which my corp is not.
Capital gains is not an issue as I’m not intending to sell – the reason why I liked Mr. McKnight’s book is because he talks about rental cashflow – whereas everyone else talks about neg gearing and back end profit from sales.Thanks again,
P
You can have a corporate truste (so basically a company runs the trust) and their are so interesting things you can do (for example having Intellectual property held by the trust and your other business can pay a fee for the use of it (so it transfers $$$ to the trust). Also you can have your business (other comapny) as a beneficary so the trust can distribute profits to your company.
You probably will have to find a good accountant to help you out (one who is fimilar with RE and trusts – not that many accountants are (although they think they are!).
Rgds.
Lucifer_auHi again. Your family trust wouldn’t be taxed at all. Only the beneficiaries are taxed, and usually any company that you have a share in is automatically a beneficiary, therefore you could distribute pre tax money to your company.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]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
A couple of other things to consider:
If you’re running a business in your company, then buying passive investments in the same company is putting them at risk if your business goes broke owing money.
If the trust is a hybrid trust, or you create a new one, then you can buy the properties in the trust funded by the company by having it buy income units. That way you can discretionally distribute capital gains if you do ever sell, and income is going back to the company and taxed at the company rate.
GP
I was told by my accountant that the trust would be taxed at individual rates if my company dividends the trust.
The only time it is not taxed is when I put my own after tax dollars into it.
A good ref guide is “Family Trusts” by NE Renton.
The problem with using the trust directly is that it doesn’t have enough history or assets yet for the bank to take it seriously on it’s own.A new accountant might be the way to go –
thanks for the RE trust tip:)P
oh yeah and thanks TERRYW – I guess my company is a beneficiary too:) I never thought about it that way before.
P
Hi. P
your accountant is correct (sort of), the trust distributes the money to individuals who pay tax at the individual rates, so in effect the trust is paying tax at individual rates.
And don’t worry about trading history for the banks. They will accept a trust one day old, because they focus on the trustee not the trust. The trustee (or director of a trustee company) must give personal guarrantees.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]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
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