Anyone NOT using a trust?

Hi

Reading through various threads has turned up lots of messages extolling the virtues of trusts.

Got me wondering if anyone is NOT using a trust (and doesn't regret it!). Would be interested to hear your reasonings.

Anybody?

Thanks
Pam
 
A lot of investors don't use a trust structure for various reasons (and I am one of them). The reasons might be:
1. Tax minimisation with negative gearing
2. No family to distribute income or pass on the assets
3. High risk tolerance in regards to letigation risk
4. Carelessness
5. Low value - hard to justify fixed cost of running a trust

Cheers,

Lotana
 
Originally posted by Lotana
A lot of investors don't use a trust structure for various reasons (and I am one of them). The reasons might be:
1. Tax minimisation with negative gearing
2. No family to distribute income or pass on the assets
3. High risk tolerance in regards to letigation risk
4. Carelessness
5. Low value - hard to justify fixed cost of running a trust

Cheers,

Lotana
6. Lack of knowledge.

Which is why my first 3 IPs were not in a trust- inly to suit the higher income earner at the time- and that is coming back to bite be know, as the first quite neg geared property becomes quite positive.
 
Lotana,

Interested to know what do you mean by points 3 & 4. Can you elaborate?

In regards to point 1, using a Hybrid, you can negative gear.

Thanks,

- Sunny.


Originally posted by Lotana
A lot of investors don't use a trust structure for various reasons (and I am one of them). The reasons might be:
1. Tax minimisation with negative gearing
2. No family to distribute income or pass on the assets
3. High risk tolerance in regards to letigation risk
4. Carelessness
5. Low value - hard to justify fixed cost of running a trust

Cheers,

Lotana
 
Sunnywan,

Agree on point 1.

With point 3 I simply meant that some people believe that the chace of asset loss is so small it is not worth the money spent on setting up and maintaining a trust structure (given there is indemnity insurance in place).

Point 4 would be better to call 'Ignorance'.

I personally agree with most on this forum that a hybrid trust is the way to go in most circumstances.

Cheers,

Lotana
 
Land tax is another issue. Hybrid trusts are not entitled to a threshold in NSW. Land tax is payable from the first dollar

However i believe that this cost is absorbed in the long run from the potential savings later on

NickM
 
On top of the previous points raised at the start of this tread I choose not to use a "trust" because it does not allow me to redraw the accumulated increasing equity from capital growth for my personal lifestyle or personal investment use.

This is the key reason why I have personally chosen a Non Trust set up in order to fund my early financial independence.
 
Dale,

How can I redraw useing a LOC in my personal name if the assetts im drawing against are held in a Trust? Im set up in my personal name for Ip tax deductions against my PAYG income.
 
Hi Rix

With relative ease, its done "all the time". The "borrowing" entity most commonly does not need to be the same as the owining entity as long as guarantees are given.

This is how Hybrid trusts can work to provide gearing benefits.

The individual is the borrower but the trust owns the asset.

Ta
rolf
 
HI Rolf,

Thanks for the reply. But can I still claim tax deductions against my personal PAYG wages, for the Ip's held in a trust?
 
Originally posted by Ultra
Hi

Reading through various threads has turned up lots of messages extolling the virtues of trusts.

Got me wondering if anyone is NOT using a trust (and doesn't regret it!). Would be interested to hear your reasonings.

Anybody?

Thanks
Pam

Im not using a trust because when i bought my IPs i didnt know about trusts (Lotanas point # 4).

Recently i had a chat with my accountant re trusts and he said im not in a high litigation risk occupation (like doctors or lawyers) and the cost of moving existing assets into a trust (stamp duty) makes it prohibitive. So i dont use a trust , not saying i wont in the future, but i havnt previously for the above reasons.
 
HIya all,

Just on that thing about the hybrid trust having the advantage of being able to access neg gearing benefits NOW rather than waiting for the trust to make a profit....I got thrown for a loop yesterday when I went to see an accountant. After reading this forum and other material, I'm coming to think a hybrid trust is for me. So I happily trotted off to see this accountant to ask their opinion and they told me that you can NOT distribute neg gearing benefits to the unit holders of the hybrid trust! They said there is no trust available that will let you do such a thing.

He's wrong, isn't he???

John
 
Hi

Yes, he is wrong. You personallyborrow the money from the bank and as such you personally get the tax deduction for the interest and bank fees that you pay on that loan.

The trust receives the cash from you and it uses that money to buy an IP. Because that Ip has no loan interest it is very likley to be positively geared and the trust will then distribute this gain to you which will be less than the bank interest that you pay.

So, let's say that you pay the bank $14,000 interest and receive a $4,000 profit from the trust. That leaves you with a $10,000 loss which offsets your personal wages or other income which translates to a tax refund of between $3,150 and $4,850.

I hope that this helps

Dale
 
Originally posted by DaleGG
You personally borrow the money from the bank and as such you personally get the tax deduction for the interest and bank fees that you pay on that loan.

If you are personally borrowing the money, does that mean that the interest expense must be split 50-50 for a couple?

cheers, Tony
 
Hi Tony

Only if the units were bought in joint names and not in one individuals name. Both scenarios can happen depending upon the respective incomes of each person within the couple.

Dale

Originally posted by tonyd
If you are personally borrowing the money, does that mean that the interest expense must be split 50-50 for a couple?

cheers, Tony
 
Originally posted by DaleGG
Only if the units were bought in joint names and not in one individuals name. Both scenarios can happen depending upon the respective incomes of each person within the couple.

Okay, I didn't realise that one had to be conscious of high/low income earners at the time of creation of the hybrid trust.
I guess if circumstances change then the units can be sold?
At what cost?

cheers, Tony
 
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