All Topics / Help Needed! / Buy through company or personal?

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  • Profile photo of solomonsolomon
    Participant
    @solomon
    Join Date: 2005
    Post Count: 43

    Dear investors,
    Do you know if it is better for me to buy property through my business (company pty ltd) or to buy in our ( wife & I ) own names?
    We are wanting to buy & sell some properties & also buy & hold others. Tax wise regarding deductions & any other benefits is what I would love to know?
    Sincerely,
    Solomon

    Profile photo of Nigel KibelNigel Kibel
    Participant
    @nigel-kibel
    Join Date: 2005
    Post Count: 1,425

    You need to get some advise from either a good property accountant or a solicitor who is a structures expert. However in a nutshell a few years ago there were mager changes to capital gains tax rulings. If you own a property in your own name or a trust and you keep the property for at least 12 months you are only taxed on 50% of your gain or profit. In other words you get 50% free of tax. If you buy in your company its true that you will only pay 30 cents in the dollar however when you sell ou will be taxed on the entire gain 100%. This was done to discourage large companies from buying up property. For unless you are certain that you will not sell for most people in Australia buying in a company may not be the best way to go. I stress that you need advice as your position may be different based on income ect

    Nigel Kibel

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    Profile photo of catacata
    Participant
    @cata
    Join Date: 2005
    Post Count: 559

    A trust is the best IMOP. This is also good for Asset Protection.

    CATA
    Asset Protection Specialist
    [email protected]

    Profile photo of Luke TaylorLuke Taylor
    Participant
    @world-changer
    Join Date: 2005
    Post Count: 415

    Yes
    Soloman, a trust is the way to go if you are going to do more than a couple of deals.(it does cost a bit to run, ie accountants fees.)

    What happens is you set up a new trust then you set up a new Pty Ltd company(one which hasnt traded before.
    Then the company becomes the trustee for the trust.Then you as an individual (having a good income on paper and no assets in your personal name) can go as gaurantor on the loans for yr propertys,Thus keeping you safe from possible sueings.
    Also if you have mortgaged out fully in one trust,you can then start another one useing someone elses name(poss a family member).This allows you to go gaurantor on more loans with many financial institutions,which allows you to buy many properties
    (but be careful,Dont go in without wisdom!)

    Regards
    Dematio

    Luke Taylor | Hope Property Investing
    http://hopepropertyinvesting.com
    Email Me

    Property Support,Strategist and Buyers Agent

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

    Dematio

    Be careful in the order of setting up your trust. The trustee needs to be in existance before the trust is setup. Therefore the company would have to be setup first.

    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

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