All Topics / Legal & Accounting / Trust Structuring for maximal use and minimal tax

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  • Profile photo of cjbarnabycjbarnaby
    Participant
    @cjbarnaby
    Join Date: 2006
    Post Count: 8

    I am considering my initial structure for investment purchases to maximize my lending capability and minimize tax.

    If i set myself as the trustee and the beneficiaries are my wife and child does this mean that I can go guarantor on loans?

    I am a green with all this stuff.

    Learning learning.

    All help appreciated.

    Chris

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

    It really depends on how the trust is structured and the lenders policy. I have just written on this in my newsletter – send me an email if you want a copy.

    Generally for asset protection reasons, you want to keep guarantees to a minimum. However, sometimes you may want to or need to include a partner for servicing reasons – your income alone may not be enough to get the loan through.

    To give you flexibility, be careful with the wording of your trust deed. If you don’t need your wife’s income to service, it may be better not to name her at all on the trust deed at all.

    Some lenders want a guarantee from all adult beneficiaries named on the deed. So I would consider having neither your wife nor your son named at all on the deed. Each will still be a beneficiary, coming under a general beneficiary category due to their relationship to the trustee. No need to name them.

    Your wife still may be able to guarantee the loan if necessary, but not naming her will mean you can also leave her out, and preserve her borrowing capacity for next time.

    Terryw
    Discover Home Loans
    Parramatta
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of cjbarnabycjbarnaby
    Participant
    @cjbarnaby
    Join Date: 2006
    Post Count: 8

    Thanks Terryw

    That helps me a lot.

    I have just ordered the book Trust Magic as well to help me along the way too because I see it recommended here by several people.

    Chris

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