Investment Property Ownership Options

Ownership Option Asset Protection Issues Tax and Other Issues
Individuals Name Equity at risk of claim by creditor 50% CGT discount. No separate structure required
Joint Names Half of equity claim by creditor 50% CGT discount. No separate structure required
Sole or Joint Names funded by loan from discretionary trusts Family discretionary trust is only an unsecured creditor and has no property claim 50% CGT discount. Separate structure required
Sole or Joint names with registered mortgage to family discretionary trust Family discretionary trust is a secured creditor and has a priority claim on property 50% CGT discount. Separate structure required and a relatively low amount of stamp duty is payable on mortgage
Ownership by children or extended family Problem if family dispute unfolds May create family and pension eligibility complications
Family company Asset protection depends on choice of shareholders No CGT discount available Ability to keep income in structure taxed at 30%
Family discretionary trust (with company trustee) Very good asset protection qualities. Careful attention should be paid to the balances of beneficiary loan accounts 50% CGT discount. Small business concessions. Separate structure required. Income allocated to company beneficiary taxed at 30% (care is needed for choice of shareholders)
Superannuation Fund & Self managed super fund (SMSF) Very good asset protection up to complying pension reasonable benefits limits Relatively low tax rates during both accumulation and pension phases. Benefits preserved.


Contact Australian property Investor If you have any questions regarding investment property ownership call Australian Property Investor now on 03 9533 2255 or email us for a FREE, No Obligation appointment.


Planning
Where Do I Start
Property or Shares
Determining Risk
Ownership Options
Self Managed Super Fund
Buying a Property
Where to Buy
What to Buy
When to Buy
Buyers Agents
Investing in Property
Affordability
What Are My Benefits
Make Your Investment Pay
Capital Growth
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Property Management
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Tenants
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Getting Finance
Choosing a Lender
Choosing the Right Loan
Low Doc Loans
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Costs To Buy
Tax Implications
Negative Gearing
Capital Gains Tax
Income Tax
Tax Variations
Deductable Expenses
Tax Deduction Checklist
Tax Refund
Getting Ready For Tax
Depreciation Schedules
Quantity Surveyors
Cash Flow Analysis
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