Creating a Trust and adding individual titles - fees?

Discussion in 'Legal Issues' started by AyJay, 23rd Apr, 2021.

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  1. AyJay

    AyJay Member

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    Hi guys

    Not sure if I have worded the title correctly, however basically we (myself and partner) have 6 investment property's, 3 each that we have acquired over the years separately before meeting each other and getting married.

    All of the assets are under either my or partners name.

    Id like to enquire about placing theses property's in a trust, however my limited understanding is that its very expensive to convert into a trust as you have to basically sell then rebuy the property's? ie pay CGT and stamp duty again? on each property?.

    If this is true, then it wouldn't be viable and I couldn't imagine it ever being viable in that instant.

    Any advise? I'm also aware that negative gearing against investment properties cannot be offset against personal income when the loss producing asset is within a trust, but the aim is to also place a high cash flow, investment inside the trust to offset the capital gains tax payable on it.

    Any advise appreciated and sorry if this all sounds incorrect etc.
     
  2. Terry_w

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

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    It is generally too costly to put existing properties 'into' a trust.
    Full ad valorem duty will apply and it will be a CGT event as well as new loans required.
     
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  3. Trainee

    Trainee Well-Known Member

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    What do you expect to achieve by doing this? What are the advantages?
     
  4. Paul@PAS

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

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    Key issues in this suituation is often:
    - How to better structure loan reduction / offset strategies that are most tax effective. By doing this it can maximise the best possible tax outcomes to the correct taxpayer and marginal tax rate.
    - Former main residence exemption implications