Investing and ownership structures – What do you need to know?

Many Australians go for property ownership as their investment method of choice. While investing in the real estate market is common, many first time investors will be surprised to learn that the ownership structure they choose for their new property can have a notable impact on the returns they see on the investment.

Like most decisions you’ll make regarding the property market, there is no one-size-fits-all guide to choosing an ownership structure. You’ll need to take careful consideration of your circumstances and seek out expert advice to find the option that suits you best.

Some ownership structures are more common than others, though, and understanding these is a great place to start.

Individual

By far the most common and straightforward form of property investment, individual ownership means that all of the benefits, losses, and repayments are your responsibility alone.
This property investment type can be used to offset losses against your income through negative gearing, though it offers little asset protection.
Individual ownership is most suitable for first- and small-time investors and high-income earners.

Joint tenants

Couples or spouses most commonly choose a joint ownership structure, but it can work just as well for friends or relatives. Functionally, joint ownership works very similarly to individual ownership. Both you and your co-owner are equally responsible for the property, repayments, and losses, and each will benefit from any gains. When choosing a joint ownership structure, you can specify the percentage of ownership for each involved party. Upon either party’s death, ownership of the property will be transferred to the surviving individual unless there is a will in place specifying otherwise.

Company

Choosing to purchase an investment through a company means that you, as an individual, do not legally own the property. If you were to be sued or declare bankruptcy, the property would not be affected, making this ownership structure a desirable option if you’re concerned about protecting your assets.

However, all income earned through the investment is subject to a flat tax rate of around 30% and must be divided among the company’s shareholders. A company ownership structure is suitable for those looking at property investment as a long term strategy.

Trust

Although there are multiple types of trusts used by those looking to invest, family and unit trusts are most common. Offering more asset protection that individual or join ownership, purchasing through a trust provides multiple benefits, such as reduced tax.

SMSF

Adding a property to your Self Managed Super Fund can save you money on tax and boost your retirement savings. Any rental income earned on a property managed as part of your SMSF will be taxed at a rate of only 15% and capital gains at 10%.

Not sure which ownership structure would best suit your needs? Well, here are a few factors you should consider:

1. Complexity
   The more complex an ownership structure, the more expensive it can be to establish or maintain, and the more difficult it can be to adjust the structure if your needs change. Complex ownership structures can be worth it if you are looking to invest in multiple properties or have a significant focus on property in your portfolio, but if you’re a first-time investor, it is often best to keep it simple.
2. Asset Protection
   If you run into any sort of legal risk, regardless of whether your property is involved, you can run the risk of losing your investment. Making sure you have adequate asset protection is an important consideration when deciding on a suitable ownership structure.
3. Tax
   Investment properties are a great way to save on tax and offset losses. Therefore, ensuring your chosen ownership structure is set up in such a way that best suits your circumstances should be one of the most critical aspects of your decision-making process.

If you’re considering investing, the most crucial piece of advice is to seek an expert’s opinion, such as an accountant or a lawyer. Investment can be complex, so it is best to be confident you are choosing a structure that ensures you will receive the maximum benefit from your property.