All Topics / Legal & Accounting / Structures for investing from outside Australia

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  • Profile photo of OryxOryx
    Member
    @oryx
    Join Date: 2009
    Post Count: 14

    We intend to move to Australia within about 18 to 70 months.

    I have started educating myself on the Australian market/terminology etc and have read quite a few threads in this forum.

    I would appreaciate some brainstorming on my situation.

    I am from South Africa.

    In South Africa (RSA) it makes sense to make use of a trust structure for long term buy and hold strategies. So my current thoughts are to set up a trust structure now to start investing before I come over. I have a couple of questions:

    1. What would be an advisable structure and why?
    2. Do I understand correctly that "losses" will accumulate in the trust structure and can be deducted once it starts making a profit?
    3. As a foreigner I would need to have at least a 30% deposit. And with the current new property deals on offer top foreigners, it will seriously deplete my cash reserves.
    4. How would I know that the asking price of a new development is market related?
    5. If my understanding is correct, I will then still qualify for my FHOG when I eventually move to Australia.
    6. Is it perhaps possible to team up with current Australian residents (old friends from RSA), in a trust structure or not, to get around this 30% deposit requirement?
    7. And what is the meaning of "Trusts must vest within 80 years?"

    Regards

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Hi Oryx

    Will answer the other questions later in the day but just on the finance front you would be able to obtain 80% lvr as a Foreign Resident with certain lenders.

    Richard Taylor | Australia's leading private lender

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

    Hi

    1. Probably a discretionary trust for investments due to the tax benefits and asset protection. But, there are lots of tax consequences if you are a non resident for tax purposes – so get some advice.

    2. Yes. Losses cannot be used to offset non trust income.

    3. Not sure, you maybe able to get 80% depending on your situation.

    4. You will need to do research and then maybe order your own valuation or rely on the lender's valuation

    5. If you invest in a trust, or even in your own name and later become a resident I think you should qualify for the FHOG – if it still exists

    6. Yes. You could set up a trust with others and invest that way.

    7. Vesting means the trust must end. All trust assets will need to be distributed to beneficiaries – there is a law against perpetuities. 

    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 OryxOryx
    Member
    @oryx
    Join Date: 2009
    Post Count: 14

    Thanks all. I will pursue my investigations and post further questions as it arise

Viewing 4 posts - 1 through 4 (of 4 total)

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