Yes. Property can be held through a family discretionary trust or a unit trust in Australia. Trust structures are used by some investors for asset protection and tax planning purposes, though they come with important limitations and costs.
Discretionary (family) trust. A trustee holds the property on behalf of discretionary beneficiaries. Income and capital gains from the property can be distributed to beneficiaries at the trustee’s discretion, potentially in tax-effective ways. Trusts do not have a fixed marginal tax rate — distributions are taxed in the hands of each beneficiary at their personal rate.
Limitations for property investment:
– Discretionary trusts do not qualify for the 50% CGT discount in the same way individuals do — the discount is available but only flows through to individual beneficiaries, not retained in the trust.
– Trusts cannot access the first home buyer concessions or some state-based land tax exemptions.
– Trust borrowing can be more complex and expensive than individual borrowing.
Asset protection. Property held in a trust may provide some protection from personal creditors, but this is not absolute — courts can look through trust structures in some circumstances.
Land tax. In many states, trusts are assessed for land tax at higher or flat rates with no threshold, making trust-held property more expensive to hold from a land tax perspective.
Advice required. Trust structures are complex. Tax, legal, and financial advice is essential before establishing a property investment trust.
