Tax & Property Ownership

We will advise and develop the best structures for asset and business ownership; rental property development projects and subdivisions.

Rental
We will discuss the best ownership structure for rental property - be it a Look-Through Company (LTC), (allowing personal access to loses for tax relief) or implementing and documentating equity protection for your rental properties if you have a Trust. We will also provide advice as to ownership options where a Family Trust has been or is to be established for asset and/or creditor protection. We provide both specialist and individualised advice for these transactions.

Property Development
If property development is a consideration - large or small - then we can advise on specific ways to deal with property development activities - specifically structuring such transactions to avoid tax tainting - particularly where rental property is owned at the same time as the development activity.

Subdivisions
It is extremely important when purchasing land in a subdivision that you obtain legal advice first. Appropriate conditions must be included in the Agreement for Sale & Purchase to provide for the correct checks and balances to ensure that the vendor
or developer does everything that is necessary throughout the process (from the drafting of an initial scheme plan of subdivision to the obtaining of title and everything in between). It is customary to include "sunset" clauses giving the purchaser a right of withdrawal from the contract if the process takes too long. In addition clauses regarding easements and variations to the plan and the like are essential and need to be covered adequately to provide fairness to a purchaser. This is complex work and you need to see your lawyer.

Building Contracts
Typically building contracts prepared by the builder or builder's solicitor will heavily favour the builder. It is usually necessary to achieve some balance and even-handedness in their documents for the protection of the purchaser/would be home owner. It ts essential that these documents be structured correctly for the person having the home built for them.

Subdividing
We can provide advice on ownership structures and discuss the various steps necessary throughout the process to achieve the right result. Depending on your occupation and depending on the length of time that you have held land there may be major tax complications. We can discuss the options at the outset to ensure it is safe to commence the process and to structure it appropriately.