Which is the best option Trust/LAQC?
Su asks:
(updated on Thursday, November 18th 2010)
Our Experts Answer:
*This answer was correct at time of answering, 24th May, 2010
Because the interest on the money you borrow to buy your new home is not deductible against the rent from the old one you may like to consider a restructure. Traditionally this would be done by selling the old home to an LAQC that borrows to buy it.
The LAQC regime is being changed though and these companies will be taxed as flow through entities in future. There will be limitations on the amount of loss that can be claimed, capped at the level of a shareholders economic interest in the company. This may not be too problematic because the LAQC bank debt guaranteed by the shareholders will probably be included in the calculation of their economic interest.
Changes in the shareholding of the company will also trigger the tax consequences of disposal of the companies underlying property asset which will reduce the flexibility currently on offer with the LAQC regime. It may well be appropriate to structure your new private residence in a trust for asset protection & estate planning reasons.
Most Read
| AIA - Go Home Loans | 4.00 |
| Unity First Home Buyer special | 4.15 |
| SBS FirstHome Combo | 4.29 |
| ICBC | 4.49 |
| Kainga Ora | 4.59 |
| SBS Bank Special | 4.69 |
| Unity Special | 4.80 |
| China Construction Bank | 4.85 |
| Co-operative Bank - First Home Special | 4.89 |
| Co-operative Bank - Owner Occ | 4.99 |
| ASB Bank | 4.99 |
| China Construction Bank | 4.95 |
| Kainga Ora | 4.95 |
| ICBC | 4.99 |
| SBS Bank Special | 5.29 |
| Unity Special | 5.29 |
| Westpac Special | 5.29 |
| Co-operative Bank - First Home Special | 5.29 |
| ANZ Special | 5.35 |
| ASB Bank | 5.35 |
| BNZ - Std | 5.35 |
| AIA - Go Home Loans | 5.35 |
| SBS Bank Special | 5.49 |
| ICBC | 5.65 |
| Kainga Ora | 5.69 |
| ASB Bank | 5.75 |
| BNZ - Std | 5.75 |
| AIA - Go Home Loans | 5.75 |
| Westpac Special | 5.75 |
| Kiwibank Special | 5.89 |
| Co-operative Bank - First Home Special | 5.89 |
| TSB Special | 5.99 |
| China Construction Bank | 5.99 |
| SBS FirstHome Combo | 3.29 |
| AIA - Back My Build | 3.34 |
| SBS Construction lending for FHB | 3.79 |
| CFML 321 Loans | 4.20 |
| ICBC | 5.39 |
| Co-operative Bank - Owner Occ | 5.69 |
| Co-operative Bank - Standard | 5.69 |
| Kainga Ora | 5.79 |
| Pepper Money Prime | 5.99 |
| Unity Standard | 6.04 |
| Unity Special | 6.04 |

