If you are a Property Investor, You Should Ask Yourself These Questions …
Does any of the following apply to you:
If you are in ANY of these situations, then not only are you at SERIOUS risk of losing your property in a lawsuit (ESPECIALLY if you are in business), but you will be paying far too much tax.
To put it simply, if you don't own your property in a trust, or use second mortgages, you have minimal or no asset protection.
To learn more about asset protection, go to our Blog, or Click Here or you can read our frequently asked questions on asset protection, Click Here
That may be so. But things change. And if you go into business and decide to move your property into trusts to protect them, at worst, you’ll have massive stamp duty and capital gains tax costs to deal with, as well as a 5 year wait before your asset protection plan works. At best, you’ll have huge costs and taxes to do the restructure, administrative inconvenience in your business, and a 5 year wait before your protection plan works.
So it’s good to get your properties properly protected today.
To learn more about asset protection, go to our Blog, or Click Here or you can read our frequently asked questions on asset protection, Click Here
To put it simply, if you have property in your own name, and have a lot of equity, your properties are at serious risk.
Some say you can transfer assets into a family trust, which you can. However, you will be liable for capital gains tax and stamp duty, as well as having 5 years to wait under bankruptcy law before the strategy can be legally effective.
What you can do, however, is a strategy on second mortgages to protect your assets. To find out more about these second mortgage and other strategies, Click Here
I Have Heard That You Lose Your Negative Gearing Tax Benefits if I Hold my Property in a Family Trust. Is That True?
Yes that is true (subject to two exceptions).
In a family discretionary trust, you will lose your negative gearing benefits because
you have to claim them in the trust, not in your own name.
This is a problem if you are a high income earner.
There are three ways to avoid this:
Speak to one of our specialists further about these options.
Hybrid trusts are basically a unit trust with the ability to have discretionary income units. They are used mainly to get the benefits of protecting assets, and claiming negative gearing deductions which are otherwise trapped in your family trust (hence solving the problem which I have outlined above).
That is, one problem with buying a property in a family trust is you often can't claim your negative gearing deductions. Many accountants say to solve this problem, you buy your property in a hybrid trust. In a hybrid trust, you don’t own the property, you only control it (giving you asset protection), and you’re entitled to get all the income from the property.
In effect, what happens is you can claim your negative gearing deductions.
As the 2008 tax audits showed (which we predicted would happen), many hybrid trusts were disallowed as being a tax avoidance scheme. (Not ALL hybrid trusts had this problem, but many of them did ...) So they’re not something we recommend.
If you have a hybrid trust, check with us, and we can advise if you have a problem.
Yes we sure can.
Click here to find out more about our Accounting/Tax Return Services
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