All Topics / Help Needed! / Structuring property portfolio
I've been interested in property investing for a while, but have not taken it seriously enough to take it very far. That has now changed, and I've set a goal to be financially free in 9 years. I currently have an owned home, one investment property (in my name), and a good income.
i have been reading about trust structures and believe that is probably the right way to structure and setup a portfolio rather than buy them in my own name.
Can anyone point me toward a good reference, resource, or person who can provide more info on this topic? I have found people who say 'you should set it up as a trust' but there is no reason why or why not. I like to learn and understand, and I anticipate that in the future I will have a double digit sized portfolio so the setup is important.
Thanks in advance. I'm looking forward to learning a lot from this community, and giving back where I can too.
Adam
Hi Adam
That's the issue – a lot of people say "you should set up a trust" but a lot don't have a clue why.
This often results in new investors spending heaps on setting up complex structures that were not ideal for them.
A good resource is trust magic by Gatherum-Goss.
Cheers
Jamie
Jamie Moore | Pass Go Home Loans Pty Ltd
http://www.passgo.com.au
Email Me | Phone MeMortgage Broker assisting clients Australia wide Email: [email protected]
Use of discretionary trusts offer numerous benefits including:
1. flexibility of distribution of income
2. efficient tax planning
3. succession planning
4. Asset protection
Downsides include
1. lack of negative gearing if required
2. no land tax threshold in NSW.
There are more on both sides.
It is important that you surround yourself with experts who have been there and done it for themselves and then learn as much as you can from them.
3 key people
1. lawyer
2. finance broker
3. accountant
D
RPI | Certus Legal Group / PRO Town Planners
http://www.certuslegal.com.au
Email Me | Phone MeProperty Lawyer & Town Planner
Plenty of reasons to use trust structures.
A few extra ones with certain structures
1. Ability to sell to your SMSF without stamp duty – and thereby extra cash from your super
2. ability to transfer units to others without stamp duty
3. ability to sell units to another trust and extract equity with the loan being deductible
4. ability to buy something jointly with your SMSF and gradually transfer units.
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
So I've done quite a bit of reading, and I like the idea of a trust structure. I'm now looking to start building my 'team' so am seeking recommendations on who to talk to about my specific situation and setting up a trust/s.
I'm currently based in Western Sydney, but likely to move to Melbourne in the coming months. I'm good with email, a telephone, and Skype so location isn't such a biggie.
Thanks in advance.
Hi TheOoz
Firstly welcome to the forum and I hope you enjoy your time with us.
The boys have given you some good pluses of acquiring properties using a DFT structure so i wont repeat old ground.
What you need to ask yourself is what do i really want from my portfolio and when you state you want to be financial free in 9 years what do you mean by this statement.
I was lucky enough to be able to retire from the workforce at age 40 with property assets in excess of $20M and rental income now of over $600K per annum.
We did the hard yards and paid down all bar $1.1 M of debt which i will pay off within 24 months and therefore other than general costs such as rates, insurance etc have no other expenses with the exception of income tax.
Reason i mention this is when we work with clients trying to turbo charge their portfolio they all want something different from property.
Some see themselves trying their hand at a little bit of property development and we try and source property with such attributes others want the rental income and less of a capital expenditure and want to diversify their risk.
Each person is different and therefore has different requirements.
It is not a matter of one cap fitting all and whilst a DFT might be suitable in certain circumstances it may not suit everyone.
I have a spare copy of Trust Magic which will happily send you.
Few years out of date but the concept doesnt change.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
Hi Terry
are u talking about purchasing property under DFT and can be transferred to SMSF in the future without stamp duty?
Very interesting concept
Good thing i stumbled upon this post. I am new to this forum and property investing. After attending a one on one strategy planning with ironfish i asked the question of the trust structure because i just finished reading steve mcknight's book. I have been told that i can't claim tax if i purchase a negatively property because the trust does not earn income for me to claim tax on. I ask about the multiple use of the trustees income for finance, and was told that it is because it will be an undisclosed trust which similar to lying to the banks. Don't u just love it when two facts clashes, it sure does add to the things i need to study aside from getting my head around property investing.
@richard – can i please get a copy of the Trust Magic aswell please? Thanks!
Jerry | Mortgage Station
http://mortgagestation.com.au/
Email Me | Phone MeFinance Strategist - Active Investor - Serving clients Australia-wide - Based in Sydney / Melbourne
Jeremiah17 wrote:After attending a one on one strategy planning with ironfish i asked the question of the trust structure because i just finished reading steve mcknight's book. I have been told that i can't claim tax if i purchase a negatively property because the trust does not earn income for me to claim tax on.A trust is treated as a separate entity for tax purposes so if there is a loss within the trust this will not affect your personal income. But a trust can negative gear like a person can. i.e. a loss from investing in property within a trust can offset other income of the trust – or another trust which could distribute to the loss making trust.
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
TheOoz wrote:So I've done quite a bit of reading, and I like the idea of a trust structure. I'm now looking to start building my 'team' so am seeking recommendations on who to talk to about my specific situation and setting up a trust/s.I'm currently based in Western Sydney, but likely to move to Melbourne in the coming months. I'm good with email, a telephone, and Skype so location isn't such a biggie.
Thanks in advance.
You should learn as much as you can and then speak to a good lawyer who understands trusts. You should also get some tax advice and some borrowing advice.
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
Jermiah
If you are referring to Steve's comment about increasing your ability to borrow buy using mutliple Trusts then i think you will find Steve has clarified the position.
Each guarantee needs to be declared and would have a bearing on your serviceability
There are many other ways to maintain your borrowing level without having to resort to non disclosure.
I only have the one spare copy of the book so whoever shoots me an email first i will send it to.
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
god_of_money wrote:Hi Terryare u talking about purchasing property under DFT and can be transferred to SMSF in the future without stamp duty?
Very interesting concept
Hi GOM,
Nope, if you buy under a discretionary trust it would be impossible to transfer to a related SMSF.
But if you were to set it up under a unit trust then it is possible to sell the units to a SMSF down the track. This can be done without stamp duty in some states. It can also be done without breaching the SIS Act or regulations.
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
The more I read this post the more financially backward I feel.
So glad you experts are in this forum, I'm going to need to ask for help in this area soon so don't retire just yet.
Cheers
thecrest
thecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Hi Crest don't worry cant afford it with a wife and 3 kids to support lol
Cheers
Yours in Finance
Richard Taylor | Australia's leading private lender
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