All Topics / General Property / Company/ Trust
Hi.
Can i ask please.
Should i have a set up of one company one trust per property?Or can i have one company with mulitple trusts under it?
Thanks
LouieBit of a broad question.
First thing you should be asking is whether to set up a trust at all.
Then are you considering a company as trustee of a trust or a company with the shares held by a trust.Then consider
– land tax
– asset protection on bankruptcy
– asset protection on death/estate planning.e.g. if you are buying in QLD it might be better to have one trust per property as this may mean no land tax payable at all.
If buying in NSW no trust at all might be best, or a company owning the property.
If you have 2 kids you might consider 2 trusts overall so you could leave control of one trust per kid so they don’t have to jointly control.
You might even consider 2 separate companies acting as trustees for 2 separate trusts and then both owning the same property as tenants in common in equal shares. If you have 3 kids it might be as this x3 etc.Once you decide broadly which structure then you have to consider the structure of the structure.
Then consider funding.
I would never recommend one company act as trustee for multiple trusts though.
Get some legal 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
Hi Terry,
Thank you very much for your reply. I am in Perth, currently developing a property into units and once the units are sold I am looking to purchase 3-4 properties just for rental income. I will also be developing properties at a rate of 1 per yr.
I will go see a Lawye who specializes in this. thanks again
louieHi Louie
If you are developing then a whole different structure might be the way to go. You will be able to improve asset protection by segregating risk and assets if you do it properly.
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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