Best trust setup for IP's? (VIC)

Discussion in 'Legal Issues' started by trustissues, 25th May, 2021.

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  1. trustissues

    trustissues Well-Known Member

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    What is the most common trust set-up if planning to invest into multiple IP's in the future with your partner? In terms of best balance between taxes and asset protection.

    It seems that for properties unit trusts are recommended usually and for shares family trusts.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You are assuming one trust for all?

    The 'best' would be a discretionary trust, appropriately drafted deed, with a separate trustee for each property.

    But this would cost you a lot in terms of land tax and accounting fees and other legal issues.

    You should seek specific legal advice, from a solicitor
     
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    If its neg geared property there may be sound reasons NOT to even consider a trust. The trust could produce a loss and then there is no neg gearing. Just an accumulated loss in a trust. Unit trusts dont usually offer asset protection in its simplest form where the unitholders are the individuals. Your assets just change from a share of title to a indirect interest in a trust. And anyone thinking of going to work overseas should know the issue a trust will create. All why legal advice is suggested. Units trusts can sometimes dovetail with individuals who have decent super balances and equity in other property to allow some strategies using super.
     
  4. Trainee

    Trainee Well-Known Member

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    Plus estate planning.
     
  5. trustissues

    trustissues Well-Known Member

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    Land tax is so hard on discretionary trusts, especially NSW. Which states are most faovurable/lenient on discretionary trusts when it comes to land tax?
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    NT
    Then QLD
     
  7. trustissues

    trustissues Well-Known Member

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    Investment properties in NT probably not the smartest idea haha
     
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