What is the best legal structure to hold my property investments?
The simple answer is: It depends on your desired outcome/intention.
Common structures include the following:
- Trusts (Bare/Fixed/Discretionary)
- Family Partnerships
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.
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 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.