Dual Trust Distributions

Discussion in 'Loans & Mortgage Brokers' started by outtodry, 20th Jan, 2022.

Join Australia's most dynamic and respected property investment community
  1. outtodry

    outtodry Member

    Joined:
    11th May, 2021
    Posts:
    6
    Location:
    Sydney
    Hi Team,

    I have a scenario whereby I receive distributions from a parent discretionary trust into my discretionary trust which distributes to myself and appears on my tax return. This dual layer of distribution seems to have caused some angst with some lenders I have spoken to so far (none big 4).

    Has anyone come across this situation in the past or can shed some guidance? Who may accept this form of income? I have multiple years of tax returns and can provide confirmation that they are continuous and ongoing.

    Looking forward to the response.
     
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,006
    Location:
    Australia wide
    What’s the issue with it? Who controls the distribution trust? If not a borrower they won’t take the income into account in most cases
     
  3. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

    Joined:
    14th Jun, 2015
    Posts:
    10,654
    Location:
    Gold Coast (Australia Wide)
    Nested trusts, a lot of lenders do run, but not impossible to place

    ta
    rolf
     
  4. outtodry

    outtodry Member

    Joined:
    11th May, 2021
    Posts:
    6
    Location:
    Sydney
    Some lenders have flat out said no, others have said would need every director, shareholder and beneficiary to provide financials. Which in most cases will not happen as some people I do not even speak to for example.

    Is this something that commercial finance would look at? And once the portfolio has built up I can show more income via the investment properties?

    This dual layer arrangement is only temporary it will revert to one layer in the future however, I feel like waiting I will slip further behind in the property market.
     
  5. outtodry

    outtodry Member

    Joined:
    11th May, 2021
    Posts:
    6
    Location:
    Sydney
    Thanks for the response, any where you can think of to try? I suspect this would come with a higher IR due to the increased risk
     
  6. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,006
    Location:
    Australia wide
    If you don’t control the entity they won’t like it.
    Low doc might be an option