Worked Trust Investment Structure Example

Can anyone provide a worked example of purchasing and operating a rental property through a hybrid discretionary trust, with both a positively geared and a negatively geared example?

Thanks,
Kris.
 
I might be able to help, depending on how detailed you want the examples.

I've just set up a hybrid and will be purchasing very shortly.

Most of my knowledge and understanding comes from Dale's book 'Trust Magic'. Have you read it?

Let me know if you think I may be able to shed some light. :D

Cheers,
Paul
 
Hiya Kris

This is a terrific question...I would love to see the 'working' also. I want to set up a trust and whilst having read Dales' Trust Magic (more than once) I think that a snap shot of both the purchase and usual transactions that occur during the life of a 'typical' neg & pos gearer would be great!!!

Any takers???


Pedro
 
LOng rely (sorry)

Hi

Here is something:

For example, let’s assume the following:

1. Billy has borrowed $250,000 from a bank to buy units in a hybrid trust at a rate of say 8.5%.

2. The trust has bought an investment property for $240,000 that receives $240 per week rent.

The trust might show the following result:

Rental income 12,480
Less
Agents Fees 960
Council Rates 800
Depreciation 2,000
Insurance 320
Special Building Write Off Allowance 3,000
Water Rates 360

Total Deductions $6,720

Net profit $5,760

This profit is then distributed to Billy because he owns the units in the trust entitling him to all of the income of the trust.

So, Billy’s personal tax return would look like:

Income from Hybrid Trust 5,760
Less, Bank Interest paid 21,250
Less, Bank Fees paid 110

Net Loss $15,600

And, as a result of this situation, Billy could expect to get a tax refund of about $7,566 if he has an income of more than $60,000 a year.

Now if the figures were better . . . let's try the following:

For example, let’s assume the following:

1. Billy has borrowed $250,000 from a bank to buy units in a hybrid trust at a rate of say 6.5%.

2. The trust has bought an investment property for $240,000 that receives $280 per week rent.

The trust might show the following result:

Rental income 14,560
Less
Agents Fees 960
Council Rates 800
Depreciation 2,000
Insurance 320
Water Rates 360

Total Deductions $3,720

Net profit $10,840

This profit is then distributed to Billy because he owns the units in the trust entitling him to all of the income of the trust.

So, Billy’s personal tax return would look like:

Income from Hybrid Trust 10,840
Less, Bank Interest paid 16,250
Less, Bank Fees paid 110

Net Loss $5,520

And, as a result of this situation, Billy could expect to get a tax refund of about $2,677 if he has an income of more than $60,000 a year.

And lastly, if we change the situation to:

For example, let’s assume the following:

1. Billy has borrowed $125,000 from a bank to buy units in a hybrid trust at a rate of say 6.0%.

2. The trust has bought an investment property for $120,000 that receives $180 per week rent.

The trust might show the following result:

Rental income 9,360
Less
Agents Fees 960
Council Rates 800
Insurance 320
Water Rates 360

Total Deductions $1,720

Net profit $7,640

This profit is then distributed to Billy because he owns the units in the trust entitling him to all of the income of the trust.

So, Billy’s personal tax return would look like:

Income from Hybrid Trust 7,640
Less, Bank Interest paid 7,500
Less, Bank Fees paid 60

Net Income $80

And, as a result of this situation, Billy could expect to get a tax bill of about $39 if he has an income of more than $60,000 a year.

However, at this stage, Billy would have other options available to him.

I hope that this helps . . .

Dale
 
Thanks for the explanation, at this stage it all looks VERY unprofitable!?!

It did confirm a few of my suspicions about how the income flowed around however.

How are all these people making their 'property fortunes' :) ?
 
Thanks for the explanation, at this stage it all looks VERY unprofitable!?!
Kris
Please don't take this the wrong way, but what were you expecting? :confused:

My understanding of the benefit of a hybrid trust is the improved cash flow provided by the immediate tax benefit, as apposed to having to roll losses forward as you would with a standard discretionary trust.
 
but other that asset protection, what makes it different to just having it under the person's name?

can we please give some real life examples of the other benefits?

julie
 
Originally posted by alpina
but other that asset protection, what makes it different to just having it under the person's name?

can we please give some real life examples of the other benefits?

julie

You really should get a hold of a book on trusts, "trust magic" by dale is one that I have.

there are expenses that can be paid for with the revenue held by the trust before it is distributed - effectively making it pre tax expenditure for the unit holder.

there is also the refinancing principle which allow equity to be drawn from the trust asset and distributed. In that case, if the trust has to borrow to finance the drawing of that equity, the loan would be tax deductible to the trust. You can't do that as an individual - you might want to check with professional advice as I may have this mixed up a little.

further on down the track, with a trust, you can distribute the income to yourself and other beneficiaries in such a way as to minimise your overall tax liability. If you own the asset, you own the income too and will be taxed accordingly!

Chris.
 
The main point that I wanted to get out of it was the negative gearing with the trust which was illustrated clearly, so I am happy :)

The key is that you are borrowing to purchase income producing units in an income producing trust, making those borrowings deductible.

You could also purchase units in a unit trust directly and achieve the same outcome.

Another structure that I have seen is that the property is purchased by a unit trust, with the units of the unit trust being held by various entities including hybrid discretionary trusts and super funds, companies and even individuals where appropriate.

The possibilities are limitless with a little creative thought :)
 
Can anyone explain how I can improve my DSR using a trust?
If I have a negatively geared trust does this mean I do not have to tell the bank?
Yes, I have purchased Trust Magic and it is highly recommended.

Stirling
 
Hi all

I have read Dales books and I think I understand the various types of trusts.

Looking at Dales example in this post of the Hybrid Desc. Trust with properties that lose and make money, how would you account for both -ve and +ve geared properties in the one HyBrid Trust?

For example, the trust owns a property (loan in trusts name) that makes money so the trust would normally distribute this profit after all expenses (including trust running costs?) and you also have a -ve geared property as well where you have borrowed the money (in your name) and the trust has issued units to you. Do you account for them separately in the trust and split up the common costs for running the trust between them?

I hope this question is clear!
 
In the negative gearing example shown the actual Trust was still showing a profit, because the borrowings were not an expense of the trust, but of the unitholder.

So it would appear difficult for the trust to make a loss in this circumstance, unless depreciation (paper expense) or maintainence costs (cash expense) were high.

If the trust lost $5,000 on one property but made $5,000 on the other then the income would be $0, and there wouldnt be a problem. Someone please confirm this as I need to ensure my understanding is correct.
 
Other advantages

Don't forget the other two advantages of a trust. 1)asset protection & 2) the ability to direct income & assets to anyone - so if one partner cannot use the tax advantage the trust can direct the advantage to another partner
 
Re: Other advantages

Originally posted by jonte
Don't forget the other two advantages of a trust. 1)asset protection & 2) the ability to direct income & assets to anyone - so if one partner cannot use the tax advantage the trust can direct the advantage to another partner

but don't forget if you want the negative gearing benefits of the loan to be outside of the trust, ie with the issuing of units, then the income has to be to the unit owner for the interest expense to be personally deductible. If the income can in any way be directed elsewhere, I doubt from my understanding that the interest expense would be deductible.

...and...

the owner being the trust....

Chris.
 
A further advantage of a Hybrid Disc Trust :

Following on from Dale's example,

property purchased for $240,000
5 years later sold for $340,000

Units redeemed to special income unit holder at $1 each = $240,000

Capital gain to trust of $100K

50% General CGT exemption - Taxable Gain = $50K

This can now be distributed to lower income earners through the discretionary clauses of the trust.

EG if owned in indiv name with inc > $60K, tax = Approx $25K

If distributed to non working children or spouse, tax = $12K
This may be further reduced depending on incomes of other family members.

NickM
 
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