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Question - Unit Trust structure for property development

Discussion in 'Accounting & Tax' started by mmkz, 29th Aug, 2016.

  1. mmkz

    mmkz New Member

    Joined:
    29th Aug, 2016
    Posts:
    1
    Location:
    Sydney
    Hi everybody,

    I have a trust question and I do hope that someone out there could kindly enlighten me on this matter.

    Me and a mate are looking to jointly get into a property development structure together.
    This will be a buy, rebuild and lastly sell type scenario.. Rinse and repeat.
    At the moment we would have no plan to hold.

    With that said, we have more or less completed our appropriate research on the development side, however am now stumped on the tax structure side.

    What we have been advised by an accountant is as follows..

    Venture Unit Trust with Venture Pty Ltd As trustee to purchase the property.
    Units (2) within Venture Unit Trust to be owned by Apple Trust & Banana Trust (both discretionary)
    Both discretionary trusts have corporate trustees acting for them also.
    Each discretionary trust will flow through to individuals (him/his spouse) & (me/my spouse)

    My first question is anyone's opinion on the above structure and if it reallyis a good recommended setup?

    My second question is, can we simply disgard the 2 trustees, and have the trustees be something else, I.e. Not a corporate trustee, rather an individual.. Any pros/cons?

    My third question is, what's is the difference in purchasing in a unit trust (above format) versus going tenants in common 50/50 with 2x discretionary trusts.

    I hope that someone or ones in this awesome forum could help me with the above.

    Many thanks in advance!!
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,952
    Location:
    Sydney
    Yes it is a potentially good structure. Have you sought legal advice?

    Yes you could have individual trustees of the discretionary trusts - but many consequences.
    Legal Tip 138: Advantages of a Corporate Trustee over an Individual Trustee Legal Tip 138: Advantages of a Corporate Trustee over an Individual Trustee


    One major difference is if one party wants out the units of the discretionary trust can be transferred and no the land - potentially no duty in some states.

    Many other advantages of a unit trust too. For some see:
    Legal Tip 17: The 18+ Advantages of using a UT v Personal Name Legal Tip 17: The 18+ Advantages of using a UT v Personal Name
     
    Perthguy likes this.