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Investing in property is a proven way to build wealth, but the structure in which you purchase can have significant tax implications. Many savvy investors use trusts as a strategy to optimise tax benefits and protect their assets. But how does this structure work, and is it the right choice for you?
Below, we’ll break down the key advantages of buying property through a trust and what you need to consider before making the move.
A trust is a legal entity that holds assets on behalf of beneficiaries. It is managed by a trustee, who is responsible for making decisions in the best interest of those beneficiaries. Trusts are commonly used for estate planning, asset protection, and tax planning—making them an appealing option for property investors.
There are several types of trusts, but the most commonly used for property investment in Australia are:
• Discretionary (Family) Trusts – Popular among families for tax flexibility.
• Unit Trusts – Ideal when multiple investors are involved.
• Hybrid Trusts – A combination of discretionary and unit trusts, offering more control over income distribution.
1: Income Distribution Flexibility
One of the biggest tax advantages of a trust is the ability to distribute rental income and capital gains to beneficiaries in a way that minimises overall tax liability. If a trust has multiple beneficiaries, income can be allocated to those in lower tax brackets, reducing the total tax paid.
For example, if a property generates $50,000 in rental income, the trust can distribute it among family members who may be taxed at a lower rate than a single investor would be.
2: Capital Gains Tax (CGT) Concessions
When a trust holds property for over 12 months, it can benefit from a 50% CGT discount upon sale, similar to individual investors. This means that if the property increases in value and is sold for a profit, only half of the capital gain is taxable, significantly reducing the overall tax burden.
3: Asset Protection
Trusts offer an added layer of legal protection by keeping the property separate from personal assets. This can be crucial if the investor faces legal action or financial difficulties, as assets held in a trust are generally shielded from creditors.
4: Land Tax Benefits
Depending on the state, trusts can sometimes help reduce land tax liabilities. Certain types of trusts (such as fixed trusts) may qualify for tax thresholds that individual investors would not. However, it’s essential to check state-specific regulations, as some states impose higher land tax rates on trusts.
5: Estate Planning and Wealth Transfer
A trust allows for seamless succession planning, ensuring that property assets are transferred to the next generation without triggering costly stamp duty or capital gains tax events. This makes it an effective tool for long-term wealth building.
While the tax benefits are attractive, buying property through a trust isn’t suitable for everyone. Consider the following:
• Setup and Compliance Costs – Trusts require legal setup, ongoing administration, and tax compliance, which can be costly.
• Loss of Negative Gearing – Unlike individual investors, trusts generally cannot pass property losses onto beneficiaries’ personal tax returns.
• State-Specific Regulations – Land tax rules and trust structures vary across Australian states, requiring careful planning.
Consulting with the Attune team first is crucial before deciding if a trust is the best structure for your property investment strategy. We can help you build the right strategy and put the structure in place that works best for your goals and circumstances.
However you choose to proceed, it’s important to weigh the pros and cons based on your personal circumstances – which is what we’re here to help with. So, if you’re looking to optimise your property investment strategy, book a consultation with the Attune Advisory team today here or give us a call on 1300 866 113 and let’s explore the best structure for your investments.
