conflicting advice on set up/structure

Hi all,

as I have posted before with details of purchase I will just do a 'small' recap for basic info.

purchased a property in herston qld. for $705k plus duty and costs, in my name only (wife/no income) planned to move existing duplex to front of block and add additional 2 units. small time IP effectively.

delving deeper, eventually got demo approval. now town planner is suggesting going for greater GFA (75%) poss. 10 units (need to question that) using location/opp. uni entrance/Hosp.800m away/on main rd/ transport hub 640m away etc

noticed that it is LMR1 but in a zone 2 (LMR2 effectively) on city map so an inconsistency that could be useful for this argument also but will go into that in detail with planner this week. Planner had already spotted this when I mentioned it.

the scale of this project has the potential to increase enormously from original plan. end value being far greater subject to DA. (2.5-3.5m)

advice now is to set up business and sell the IP to the business paying stamp duty again but provides asset protection. business sounds like a lot of work but will do if needed.

(also leads to when house is demolished/before MCU app. will my recent land valuation ($570k no change from last year) be accepted which would obviously result in lower stamp duty) as it becomes undeveloped land - is that idea pushing it - hope not, I liked that one!

other advice is to use discretionary trust (not sure this actually provides asset protection from what I am reading on here)

hubby works overseas, good net income to secure loan and depending on year/date can have company shares vested, making the income derived fully taxable. (have one large and ugly Cap. Loss from overseas to possibly offset but that is it)

property will be cash flow positive based on income
PPOR debt free/no other debt/some comfortable savings to reduce build costs and loan req.

can provide other details if needed!

do I leave property in my name, use PPOR to secure loan for purchase if income asset (making it tax deductible)
then
revalue after build, borrow heavily against it to secure future IP's and put in family trust (have an 15yr old nsw family trust never used, may need to use new one)

sell half the current block to trust (is this even possible) before loan app.

set up a business.

am fearful of being sold structures I do not actually need and may have issues for future plans. (that being to acquire a buy to hold and rent out portfolio and eventually live off income from rent,(when 4 kids are sorted and grown) and when debt paid down/possibly selling this IP to clear that debt and leave other IP's in trust to live off if they are creating the income needed)

a complicated situation methinks but am going to accountant next week and trying to find pro's and con's of the various scenarios and want to use the time before DA to put this in place with the best possible strategy.

neither of us are in a high risk situation, he works in overseas telecoms industry and I am a stay at home mum so not sure asset protection is a top of the list priority, but you never know!

ideas on this greatly appreciated!

cheers
Michelle
 
Hi Michelle

Asset protection should be high up there as developing 10 units is extremely risky. What if the development fails - what could you potentially lose?

Asset protection involves legal advice and only lawyers can provide this so you should see a lawyer in addition to getting the tax advice. Tax is only one consideration.
 
Thanks Terry,
was hoping you would respond as have read many (hundreds!) of your posts
trying to glean the right road for this. to date have been told, accountant,financial advisor and broker.

would need a lawyer specific to this type of set up and know of well, none!
any direction for the brisbane area and will this negate the need for advisor if I go lawyer/accountant?

not sure on how far I can go on build as remains to be seen on 6/8/10 units but good to have foresight/implications

what scenarios are typical for a build to go wrong as you mentioned that are not covered by insurance? (such a newbie question, but I am one!)
 
I think this would take a while to sort through with your advisers. A lawyer would be a good one to speak to as developments of this scale would generally require a trust of some sort to distribute profits. Asset protection is not really all that important as you are on the hook from the bank for the big commercial development loan anyway. Most important thing to focus on is making money.
 
kinda what I was thinking Aaron, though Bank have said if I use the PPOR (and my hubby) as security they will give me a comm. loan at 5.9%.approx won't be a massive loan relatively speaking but end value will give enough equity to draw on and buy more IP's in a trust as mentioned in my 'little' post!

guess I am shying away from selling the IP to co./trust and hoping the future debt on it will keep it 'safe'. don't want this to be a foolish route, we have no super due to hubby working overseas for overseas co. on what seems to be a forever contract?most likely due to 5 females in brissy :)
 
Thanks Terry,
was hoping you would respond as have read many (hundreds!) of your posts
trying to glean the right road for this. to date have been told, accountant,financial advisor and broker.

would need a lawyer specific to this type of set up and know of well, none!
any direction for the brisbane area and will this negate the need for advisor if I go lawyer/accountant?

not sure on how far I can go on build as remains to be seen on 6/8/10 units but good to have foresight/implications

what scenarios are typical for a build to go wrong as you mentioned that are not covered by insurance? (such a newbie question, but I am one!)

You could speak to RPI of this forum who is a Brisbane lawyer -Darryl.

You can improve asset protection by taking yourself off any owership and structuring so you don't need to give a personal guarantee. If you have no income then you are not going to assist in servicing anyway.

Heaps can happen that are not covered by insurance - accidents etc aside. e.g. the project may stall and the bank could take possession selling for hundreds of thousands less than the loan.
 
Having your PPOR isolated in one person's name (who is not on the commercial loan) would be decent asset protection but this involves stamp duty in Queensland. There's just so many variables but if both spouses are required to give guarantees for the commercial loan then you really have limited asset protection options.
 
Guys thanks for that. RPI is EXACTLY who I need to speak to?wish I had read beyond the town planning bit on his posts but should have guessed given the amount of legal advice he gives in them?duh.
have been hugely impressed with his posts and his help. Off to do that now!

those extra, odd, question marks are errors and thankfully not even more questions!

again, thanks for the helpful responses
 
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