Property Investment Fundamentals

Can I invest in property through a trust in Australia?

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 …

Published by: Daniel Chadrawy

Reviewed by: Nicholas El-Khoury

28 April 20262 min read

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.

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Daniel Chadrawy

Written by

Daniel Chadrawy

Daniel Chadrawy, Head of Sales and Strategy at Liviti Property, has been in finance and property for 10+ years and built a $4M portfolio through strategic investing. His focus is on delivering high-performing portfolios by aligning finance, strategy, and structured investment plans. At Liviti, he leads a team of finance and strategy consultants, ensuring a seamless, strategic approach to repeatable and stable wealth creation.