What's the best ownership structure for your investment property?

The way you own your investment property can influence everything from tax benefits to financial flexibility. Here’s how to choose the right structure.

When it comes to property investment, choosing the right ownership structure is crucial. The decision can significantly impact your tax obligations, financial flexibility, and long-term investment strategy. Before signing on the dotted line, it's wise to seek professional advice from a property investment strategist, accountant or solicitor to determine the most suitable structure for your needs.

Owning investment property in a single name

Advantages

  • Full control over loan and property decisions.
  • Flexibility to manage multiple accounts under one loan, each with its own offset.

Considerations

  • Sole responsibility for loan repayments.
  • Exclusive access to loan accounts and any linked offsets.
  • Ownership structure may differ from the loan structure, so consulting with both a lender and tax adviser is recommended.

Investing with a Co-Owner

Sharing ownership with a trusted partner, friend, or family member can be an effective strategy.

Advantages

  • Increased purchasing power, allowing for higher-value properties or multiple investments.
  • Shared costs reduce the financial burden on each individual.
  • Collaborative decision-making can lead to better outcomes.
  • Flexibility with multiple loan accounts under one loan, each with its own offset.

Considerations

  • Potential for disagreements or complications if the relationship breaks down.
  • Reduced share of income and capital growth.
  • Both parties have access to joint loan accounts and linked offsets.
  • In case of changing circumstances, properties may need to be sold or ownership transferred.
  • Tax implications, especially if a gearing strategy is involved, warrant advice from a tax adviser.
    • Independent legal advice is recommended for all parties.

    Owning investment property as a group

    Group ownership, such as through Westpac group lending, allows 2-9 investors to co-own a property.

    • All parties are joint borrowers and equally responsible for the entire debt.
    • Complexities arise in structuring ownership, so professional advice from accountants, financial advisors or solicitors is essential.

    Owning property within a trust

    A family trust is a legal structure where property is managed for the benefit of family members. Due to its complexity, legal and tax advice is highly recommended.

    Advantages

    • Potential protection of family assets from bankruptcy.
    • Ownership isn’t tied to an individual and can be passed down generations.
    • Flexibility in distributing income and capital gains among family members.

    Considerations

    • Upfront and ongoing fees for tax advisers and solicitors.
    • Additional administrative responsibilities.
    • Profits can be distributed, but losses cannot.
      • A trust deed is required to establish the trust.
      Sharing ownership with a trusted partner, friend, or family member can be an effective strategy.

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      Owning property in a company name

      Purchasing property through a company structure has unique tax implications and business considerations.

      • Essential to weigh tax pros and cons with a tax adviser.
      • Business Property Specialists can assist with site finance and growth options.
      • Self-employed buyers can access the same investment home loans and rates as salaried individuals, with specific     documentation requirements.

      Investing through a Self-Managed Super Fund (SMSF)

      Investing in residential property through an SMSF comes with strict regulations.

      • Assets in super funds cannot be used for personal purposes.
      • There are specific rules, costs, and risks involved.
      • Consulting a tax adviser is crucial to understand the benefits and limitations.

      In summary

      Choosing the right ownership structure for your investment property is not a one-size-fits-all decision. It depends on your financial goals, tax situation, and personal circumstances. DPN strongly recommends you seek independent, professional support from a qualified accountant or financial advisor to help you navigate these complexities, ensuring your investment strategy is both effective and aligned with your long-term objectives.

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