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jamesrana79(Initiate)Initiate
4 Oct 2024

I am thinking about buying an investment property. In order to protect my investment, I want to buy this property under a family trust. In my research online, I found that a "corporate trustee" is a better option for trust. I have some amount (~$150K) saved up to pay for the initial deposit plus costs for the investment property I am planning to buy. My intention for using this company is to buy investments (property, shares etc.) but not doing any actual business.


Now my questions are:

  1. If I create a company, which type of company should be better for my case? "LLC" or "Pty Ltd"?
  2. How can I transfer the amount ($150K) into my company's name?
  3. Does the company need to return me my money back?
  4. After purchasing the first property using the amount I deposited initially into my company ($150K), how can I deposit more money there to buy more properties/investments?
  5. Will there be any implications on me personally as I am putting my money into my company? Can I keep putting money whenever I want?
  6. If the company is not doing any business, thus making negative or very low income (in case the property is negative cashflow or neutral cashflow), will I be legally liable for those as it's my company?

I really appreciate any help in this regard.

Thank you.

7,871 views
2 replies
7,871 views
2 replies

Most helpful response

Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
4 Oct 2024

HI @jamesrana79


There is a lot going on here and you would benefit from a meeting with your local registered tax agent.


You mention a trust, but your questions are all about a company. A trust and a company are different things. A company can be the trustee of a trust but the legal entity is still the trust.


  1. LLC and PTY are the same thing. LLC is American. Pty Ltd is the Australian version.
  2. You can loan the trust the funds
  3. It can owe you the money for as long as you want (until the trust vests)
  4. You can loan the trust more funds
  5. No
  6. This can be complicated. Generally No.

Toby

All replies

Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
4 Oct 2024

HI @jamesrana79


There is a lot going on here and you would benefit from a meeting with your local registered tax agent.


You mention a trust, but your questions are all about a company. A trust and a company are different things. A company can be the trustee of a trust but the legal entity is still the trust.


  1. LLC and PTY are the same thing. LLC is American. Pty Ltd is the Australian version.
  2. You can loan the trust the funds
  3. It can owe you the money for as long as you want (until the trust vests)
  4. You can loan the trust more funds
  5. No
  6. This can be complicated. Generally No.

Toby

jamesrana79(Initiate)Initiate
9 Oct 2024

Hi @TobyJDodd,


Thank you for your feedback. My questions were related to company because, as per my understanding, I am not controlling the trust, rather the company controls it. And as director, I am controlling the company. Based on this understanding, I assume my interactions regarding depositing fund will be limited to the company level only. Would you be able to provide some guidance on this area please?


Thank you once again for taking the time to reply to my questions. Greatly appreciated.

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How to buy investment property under family trust with my company as a corporate trustee? | ATO Community