Real Estate Holding & Financing Lawyers

Why is a special holding structure needed for high-value property?

A bespoke structure, like a trust or company, is essential for asset protection. It creates a legal shield that separates the high-value property from your personal or business risks, such as lawsuits or creditors.

What is the best way to own property for asset protection?

The optimal structure is typically a discretionary trust, often with a corporate trustee. This provides a high degree of protection by separating legal ownership (the trustee) from beneficial ownership (the family).

How does ownership structure affect tax?

The ownership structure has a major impact on Stamp Duty, Land Tax & Capital Gains Tax (CGT). Expert structuring, such as using specific types of trusts, can legally minimise these liabilities.

What is FIRB approval?

FIRB (Foreign Investment Review Board) approval is a mandatory government clearance required for most foreign nationals seeking to acquire Australian real estate. A non-compliant purchase can lead to severe penalties.

Can a trust reduce my Land Tax bill?

Yes, in some circumstances. Using different trusts to hold different properties can, in some jurisdictions, allow each property to be assessed individually, potentially accessing separate tax-free thresholds.

What is a “bare trust” in real estate?

A bare trust is a simple structure where the trustee holds the legal title to a property for a single, named beneficiary. It is often used in property transactions for tax or structuring purposes, particularly with superannuation funds.

How do I protect a property from a child’s divorce?

Leaving a property directly to a child exposes it to family law claims. Holding the property in a discretionary trust, of which the child is a beneficiary, is a far more robust asset protection strategy.

Why is a shareholder agreement important for co-owned property?

When a property is owned by a company, a shareholder agreement is critical. It sets out the rules for funding, control &, most importantly, exit strategies, preventing costly disputes between co-owners.

What is “stamp duty”?

Stamp duty is a significant state government tax levied on the purchase of property. The amount varies by state & is a major transaction cost that requires careful planning.

Can foreign investors get a mortgage in Australia?

Yes, but the lending criteria are much stricter than for local residents. Foreign investors typically face lower loan-to-value ratios (LVRs) & a more complex approval process.

Why is expert legal advice crucial for financing?

Expert legal counsel is essential to negotiate the terms of complex loan & security documents. This protects you from hidden risks & ensures the financing aligns with your ownership structure.

How does PBL Law Group differ from a conveyancer?

A conveyancer manages the standard transfer of title. PBL Law Group acts as your strategic counsel, designing the optimal legal & tax architecture for the ownership of your entire high-value portfolio.