What is the best legal structure to hold my property investments?

March 13, 2022

The simple answer is: It depends on your desired  outcome/intention.

Common structures include the following:

     
  • Trusts  (Bare/Fixed/Discretionary)
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  • Family Partnerships
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  • Companies
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Trusts
Trusts are generally used on death to take care of minor or incapacitated  children or indeed to protect adult children from themselves e.g. keeping  family wealth away from a child with addiction problems.
  

Family  Partnerships
The main benefit of a family partnership is that it allows parents to  transfer assets to their children at current market value and pay tax on that  same market value but also retain control over the asset.
  

Companies
Companies are often used as an asset protection structure. Over the last 10 years or so (whilst property prices have been on the up) they have not been the first choice in terms of structuring property ownership as there is a potential double hit to tax when a company sells an asset and then again when the funds are extracted from the company.
However there are advantages where debt is raised to finance a property purchase. Debt can be repaid much quicker when structured through a limited company.

This is just an example of one of the many ways that the team at Corvidae seek to  help our clients protect and grow their wealth.