Ownership structures

Buying commercial property in a company

Many investors and business owners buy commercial property through a company or trust. Here's how lenders treat those structures, and what to sort out before you sign.

At a glance

  • Companies, unit trusts and discretionary trusts can all borrow
  • Directors usually give personal guarantees
  • Structure affects CGT, land tax and asset protection
  • Set the entity up before you sign the contract

Your structure options

StructureOften chosen for
Personal nameSimplicity; access to the 50% CGT discount
CompanyFlat company tax rate on retained profits; separation from personal affairs
Discretionary (family) trustFlexibility distributing income; asset protection
Unit trustJoint ventures between unrelated parties
SMSFBusiness owners buying their own premises for retirement

These are general points only — the right structure depends on your situation, so get advice from your accountant before buying.

How lenders assess a company purchase

  • Trading company — two years of company financials and tax returns, or alternative documents for low doc loans.
  • New or holding company — the lender relies on rental income plus the directors' personal financial position.
  • Guarantees — directors usually guarantee the loan; trusts need the trust deed reviewed.

Get the order right

  1. Decide on structure with your accountant.
  2. Set up the company or trust (and ABN/TFN, GST registration if needed).
  3. Get finance pre-approval in that entity's name.
  4. Sign the contract in the correct entity's name.

Signing in the wrong name and changing it later can mean paying stamp duty twice — one of the most expensive mistakes we see.

Common questions

Talk through your deal with a commercial broker

A free 15-minute call. Bring the property, the structure you're considering and your numbers — we'll tell you honestly what lenders will and won't do.