Establishing a trust or company to hold property is a common strategy for investment and asset protection, but the implications for selling a property in Melbourne are important to understand.
As of December 2025, when selling a property held in a trust or company in Melbourne, the process differs slightly from a standard individual sale. The entity – not an individual – is the seller. This means documentation will reflect the trust or company’s details, and the director or trustee will be required to sign contracts. Capital Gains Tax (CGT) implications are also different; CGT is calculated at the company tax rate or according to the trust’s distribution rules. In 2026, potential buyers, particularly those seeking straightforward transactions, may ask for clarification on the entity structure. Fletchers’ experience in the Eastern Suburbs shows that transparency regarding ownership is key. We routinely handle sales involving trusts and companies, ensuring all legal and administrative requirements are met. Currently in Melbourne, conveyancers and solicitors are well-versed in these transactions, but it can sometimes add a layer of complexity to the settlement process, potentially extending the typical 30-60 day timeframe. Marketing materials will need to accurately reflect the seller’s entity, and due diligence may involve reviewing trust deeds or company constitutions.
Ultimately, the choice of structure impacts the sale process and tax implications, so understanding these differences is crucial when preparing to sell.