Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 5 years ago on . Most recent reply

User Stats

22
Posts
5
Votes
Ben Whittaker
  • Melbourne, Australia
5
Votes |
22
Posts

My own trust as private lender to my LLC?

Ben Whittaker
  • Melbourne, Australia
Posted

Hi all, will try to keep this as short as possible for everyone's benefit!

I live in Australia and earn a good salary that has me into the 37% tax bracket.

I invest in property in the US via an LLC, of which I am the only member.

Now, to minimize tax, I want my discretionary family trust to act as a private lender to my LLC. This way, the LLC "pays back" the trust, allowing me to distribute my profits through my immediate family at a much lower tax rate. I'm just not sure where I stand legally.

To me, as long as I have a promissory note in place, it all seems above board, however please let me know if there are any issues with this, or any known precedents known.

Cheers! Ben.

PS: please provide me with information that is general in nature and not legal advice as I will consult a CPA/attorney (saves you having to type it out!)

Loading replies...