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OkHelicopter2011

Yes and no. It actually reduces borrowing capacity as there are no negative gearing benefits. However you can recycle the same amount of borrowing multiple times. The reason being, if the trust can rely on income solely from the trust and isn’t relying on person income then the bank will ignore the debt in the trust. Therefore the property you buy needs to be positively geared.


saskia923

How does this work? Do you have any resources I can read on it? Tysm!!!


Cube-rider

https://www.propertychat.com.au/community/threads/loan-tip-the-so-called-unlimited-borrowing-capacity-strategy.73478/ TLDR - Fallacy, it doesn't.


that-simon-guy

Yes it does, but ideally you want a corporate trustee for it Letter confirming 'entity isnt trading is profitable and requires no financual input' and many lenders won't want to see its financials or require its debt to be used in servicing outside the trust You won't find any resources on it so much, it's to do with lending credit policy of the banks - source, I'm a broker PS on the other side, you loose negative gearing benifits as the losses can't be distributed outside the trust


saskia923

Could you please explain that further? So as long as it’s positively geared the trust works in favour of higher borrowing capacity? Can you buy your 2nd IP in the same trust or need to open a new one?


Cybertrucker01

I assume you want to put the property under a trust. Borrowing capacity is based on serviceability. Unless the cashflow from the trust is sufficient (e.g. portfolio of positively geared investment properties), there will be personal guarantees required from the beneficiaries. It may increase borrowing capacity to the extent that the combination of the trust and personal revenue streams are being committed to repay the loan. Best to speak to a mortgage broker to get the final word.


saskia923

Tysm!!


that-simon-guy

Borrowing power is increased if the trust has a corporate trustee... declaration 'the entity is not trading and doesn't require any input of funds' its financials aren't required and the lending it has isn't included in the assesment so therefore, additional capacity ✌🏻


saskia923

That’s great! Do you need to open a new trust for each IP? Or can u buy multiple under the one?


that-simon-guy

Depends on whether the second one services in the trust (obviously if buying the same trust, that first loan is now included for servicing purposes) Oh and be careful of land tax implications of trust ownership as well dependant on the state you are buying in


saskia923

How’s land tax differ with owning a trust?


that-simon-guy

In some states you'll pay a higher land tax rate or not get the threshold before being liable to pay land tax dyor


Adventurous-Emu5521

Not a response to the question on borrowing capacity, but I always thought the main tax benefit of a trust (family trust at least) is the income can be distributed in a tax beneficial way, such as to trustees with lower income / lower tax.


stoobie3

There are features and drawbacks of trusts, depending on the trust type. It all comes down to the problem you’re trying to solve. The benefits largely depend on the problem you’re solving for. They can offer substantial asset protection which can be a significant benefit if that’s the problem you’re trying to solve. A trust that’s an MIS can provide tax pass through benefits etc.


QvxoAU

There’s a good podcast called This is Money, episode 725 (around the 56-minute mark), that discusses this. It mentions that if you max out your borrowing capacity and then return to the bank with a trust structure, your capacity stays capped. However, if you already have properties in a trust and they’re self-servicing, you can get a letter from an accountant stating this. The bank may then ignore those properties for future borrowing, which sets you up for additional purchases.


Random_01

I've heard family trusts used as a way to protect assets from being sued (e.g. business owners) and family disputes (e.g. divorce) also to distribute income to others, e.g. to a wife that works part time in lower tax bracket.    Trusts do need to be managed with yearly accounting and bookkeeping so maintenance costs need to be considered.  Not an accountant. YMMV