Home | Log in | Join Now! | Blog | Contact    Subscribe to the InvestEd Blog via RSS
InvestEd :: Wealth Education for Australian Investors


Welcome to InvestEd.

You are currently viewing our site as a guest which gives you limited access to view most discussions, articles and other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload your own photos and access many other special features. Registration is fast, simple and absolutely free so please:


If you have any problems with the registration process or your account login, please contact support.

Thread: Family Trusts
View Single Post
Old 24-07-2008, 12:05 AM   #8 (permalink)
Nigel Ward
Team InvestEd
 
Posts: 1,097
Join Date: Jun 2005
Just to add to the good comments made above... an understanding of the basic principles of our (admittedly fiendishly complex) income tax laws is important as an investor I think. So too is a basic understanding of the nature and operation of any legal structures like your "family trust".

With respect to tax, the first principle is that there's an allowable deduction for you in relation to interest costs (not principal repayments) on amounts you borrow to buy invesments with the expectation that they will produce an income. For example rent, dividends/trust distributions.

With that basic principle in mind let's look at what you've done. First though let's consider the nature of a family trust.

Typically what people call a "family" trust is structured as a discretionary trust. Assuming that's the case for you, there is no "investment" or piece of it that you buy in contributing money to the trustee of your family trust. Rather, as a beneficiary you'll have a right to be considered by the trustee to receive none, some or all of the net income of the trust and any assets of the trust in the case of the trust coming to an end (again, more complex than that but it'll do for now).

So you have either gifted or loaned the borrowed money to your trustee. If the former then definitely you have not borrowed to buy an income producing asset. If the latter then it may be that some or none of the interest is deductible unless you charge a higher interest margin than you're paying...But of course if you were to do that then one of the tax benefits of borrowing to invest, namely negative gearing, would not be available. (Negative gearing being when expenses exceed income from investments so that the excess deductions which are not offset by the investment income are available to shelter some of the income from your job or other sources.

Clear as mud?

Hope that helps.
Cheers
N.
__________________
Nigel


This is a general comment only and does not constitute advice. Before making legal or financial decisions you should seek advice from a professional adviser, who can take into account your specific circumstances and investment goals.
Nigel Ward is offline   Reply With Quote
 

All times are GMT +10. The time now is 01:08 AM.

Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.

Some graphics originally by vBStyles.com

Copyright © 2006 Investor Education Pty Ltd (ACN 114 677 226)
Site by Hampel Group