We just set up a new Property investor trust through Chan & Naylor few months ago, and are going to start our property investment soon.
I read lots of articles, and know that our trust is one of the HDT, I also notice about the TD 2009/17 and read some discussions in the forum, but I cannot find any article discussing the situation like ours in HDT, so can someone check for me whether my understanding below is correct? we also want to make sure that we do the right thing(structure) before start to deal with bank for the loan issue. Our situation is as follows:
**Both of my husband & I are employees of different companies, with similar annual income (at same tax rate for individual tax)
**Our investment policy is buy & hold
Assume that the investment property we are going to buy is $400,000; and we borrow $300,000 from bank (under both of our personal names) to purchase $300,000 units from Trust, and contribute $100,000 from our personal savings. Assume that the annual profits for the property (rental minus all expense) is $12,000. Then, I believe for three of forth, i.e. $9,000 have to allocate to the unit holder (50% to my husband, and 50% to me), but I think for one of forth, i.e. $3,000, I can give it any of beneficiaries as I like (for example, give to my mom, she is retire now with no income at all) to minimise tax. Is it correct? (What I want to know for the point is that "is Discretionary trust & Unit trust can be exist at the same time in a HDT?)
If above concept is correct, then how we are going to "call" for the $100,000 paid from our savings? is it gift to Trust? or our personal loan to trust? How we should do it on accounting-book-entry for our trust account?
Regarding to the issue of TD2009/17, I saw most people in the forums just suggest people buy investment property under their own names, so in this case, maybe it is better for us to just use our HDT as a Discretionary Trust at all, i.e not issue any unit at all) If this is the case, how we should do for the loan? borrow under the Trustee's name (the trustee is a company) or under the Trust's name? or any advice?
P.S. I know I should ask our accountant (I will, of couse), but just would like to hear some advices or opinions from some experience investors who ever used HDT like you guys first, so that I know what kinds of key questions I must to ask him at meeting. Because their charge is quite expensive, so I want to make sure I ask the right questions and get the right answers. Besides, experience from others is also a powerful knowledge for us as well!
Thank you very much in advance.
I read lots of articles, and know that our trust is one of the HDT, I also notice about the TD 2009/17 and read some discussions in the forum, but I cannot find any article discussing the situation like ours in HDT, so can someone check for me whether my understanding below is correct? we also want to make sure that we do the right thing(structure) before start to deal with bank for the loan issue. Our situation is as follows:
**Both of my husband & I are employees of different companies, with similar annual income (at same tax rate for individual tax)
**Our investment policy is buy & hold
Assume that the investment property we are going to buy is $400,000; and we borrow $300,000 from bank (under both of our personal names) to purchase $300,000 units from Trust, and contribute $100,000 from our personal savings. Assume that the annual profits for the property (rental minus all expense) is $12,000. Then, I believe for three of forth, i.e. $9,000 have to allocate to the unit holder (50% to my husband, and 50% to me), but I think for one of forth, i.e. $3,000, I can give it any of beneficiaries as I like (for example, give to my mom, she is retire now with no income at all) to minimise tax. Is it correct? (What I want to know for the point is that "is Discretionary trust & Unit trust can be exist at the same time in a HDT?)
If above concept is correct, then how we are going to "call" for the $100,000 paid from our savings? is it gift to Trust? or our personal loan to trust? How we should do it on accounting-book-entry for our trust account?
Regarding to the issue of TD2009/17, I saw most people in the forums just suggest people buy investment property under their own names, so in this case, maybe it is better for us to just use our HDT as a Discretionary Trust at all, i.e not issue any unit at all) If this is the case, how we should do for the loan? borrow under the Trustee's name (the trustee is a company) or under the Trust's name? or any advice?
P.S. I know I should ask our accountant (I will, of couse), but just would like to hear some advices or opinions from some experience investors who ever used HDT like you guys first, so that I know what kinds of key questions I must to ask him at meeting. Because their charge is quite expensive, so I want to make sure I ask the right questions and get the right answers. Besides, experience from others is also a powerful knowledge for us as well!
Thank you very much in advance.
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