"lease for life" approach for family trust （已经回答）

amino

请问以下方案的可行性有多大?谢谢 A "lease for life": An alternative to outright sale of the family home to a trust
A recent trend has been for people setting up a family trust to grant themselves a life interest in an asset ?such as a lease for life over the family home ?before they sell the asset to the trust.

This is an alternative to the conventional approach for dealing with the family home or other significant asset in family trust arrangements, which is for the settlors to sell full ownership of the house to the trust, and lend the trust the money for the sale. The trust owns the house, but leases it back to the couple, who pay rent to the trust.
With a lease for life, by contrast, the settlors grant a lease for life to themselves to occupy the house, through a Deed of Lease for Life to Occupy Building, and then sell the trust the "reversion" ?that is, what's left of the ownership rights in the house after the settlors?right to occupy it during their lives. So, unlike the conventional approach, the trust does not get outright ownership of the house. And unlike the conventional approach, the settlors?right to live in the house comes not from a lease given by the trust, but from the lease for life that the settlors granted themselves before the trust obtained any ownership rights in the house.

The purpose of choosing the lease for life approach is to reduce the value of the asset that is transferred to the trust. If a person has a right to use an asset for the rest of his or her life, then that asset is immediately worth less to someone else ?in this case, to the trust. The settlor should obtain a valuation of the property before the sale to the trust; the value will be much less because of the lease for life to the settlors.

For example, if a life interest (a lease for life) in a property is created for a 60-year-old woman, the property is now worth 40 percent of what would be the market value if there were no lease for life ?in other words, a $200,000 house could be sold to the trust for $80,000 (which will shorten the length of gifting programme).

AMICUS_LAW

您好，理论上是可行的。

不过建议您通过律师做相关手续，因为如果只是为了避税的话IRD会调查的。

iscream1113

How are my assets valued?

Most people want to transfer their assets to the family trust at the lowest possible value so that the debt the trust owes them is low. But be careful not to undervalue your assets, as at some point it could be found that you in fact partially gifted your assets. That would partially undo the benefits of having a family trust. You should get your property valued to make sure you transfer it to the trust at a fair value.

You can exclude chattels like curtains, carpets, dishwasher and light fittings from the value. Those aren’t included in the council rating valuation (formerly called government valuation) anyway. You can also deduct the amount that you would have paid to a real estate agent if you had sold the house.

Another way of reducing the value of your house is by entering into a lease for life with your trust. Because this guarantees you the right to live in your house for the rest of your life, it dramatically brings down the current value of your house. However, to avoid the family trust paying tax, you must enter into this lease before you set up the trust. It would be between you as owner and you as tenant.