Australian Architecture & Coastal Sky

Service Trust and Company Borrowing Structures for Legal Practices

The structure that protects your practice assets can complicate your mortgage application. Here is how lenders treat service trusts, corporate trustees and discretionary distributions.

LOCAL ADVOCACY & STRATEGY GUIDE

Service Trust Borrowing: Entity, Guarantee and Title Mechanics

You built the structure for protection, not for convenience. The company pays you a wage, the discretionary trust receives the service fee, and by 30 June you and the accountant are resolving distributions that keep the arrangement clean for the ATO. In between, the partnership wants you billing and someone has to untangle the personal balance sheet from the practice balance sheet.

A retail credit engine reads a discretionary distribution as unverifiable income: a trustee resolution does not look like a payslip, and the person on title may hold none of the income. The file is declined as unverified.

Entity policy exists because trustee borrowing is a different arrangement from personal borrowing. Lenders typically require the trustee company to borrow, directors and adult beneficiaries to guarantee, and the deed to confirm borrowing power, while the insurance waiver may not extend to entity-owned security.

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How It Works (Takes 2 Minutes)

1
Send your structure and deed
Trust deed, company extract, distribution minutes and two years of returns.
2
Map the guarantee chain
We confirm who must guarantee and whether your deed permits the borrowing.
3
Choose where the loan sits
Compare personal and trustee borrowing for LVR, waiver eligibility and pricing.
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Legal Income & Drawings Assessment Simulator

Estimate assessed borrowing capacity when income arrives as salaried package, partnership drawings or trust distributions rather than a single PAYG wage.

ANNUAL DRAWINGS, SALARY & TRUST DISTRIBUTIONS ($) $320,000
DEDUCTIBLE PRACTICE & CHAMBERS EXPENSES ($) $65,000
ESTIMATED WHOLESALE LEGAL BORROWING CAPACITY ($)
$1,870,000
90% LVR Eligible: $0 LMI Legal-Professional Waiver Applied

1. How Lenders Read a Service Trust Structure

A practice may operate through a company or a trust under the Legal Profession Uniform Law, and a service entity arrangement lets the practice company charge the trust for support. Lenders start with the deed, because a trustee without an express borrowing power cannot validly mortgage property.

Distributions are assessed from two years of personal returns, distribution statements and trustee resolutions, while a company wage is assessed like salary with the company return behind it. Many policies exclude distributions to beneficiaries under eighteen, while streaming to a corporate beneficiary is a structure question.

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GUARANTEE CHAIN WARNING
Where the trustee borrows, lenders typically seek unlimited guarantees from the trustee company, every director and each adult beneficiary in the resolution, supported by the deed, an ASIC company extract and a PPSR check. Those guarantees sit alongside ATO exposures, so an accountant review comes first.

2. Deeds, Guarantees and the Evidence File

Documentation drives this part of the file: the trust deed and variations, the corporate trustee extract, two years of distribution minutes, and confirmation that each guarantor obtained independent advice or waived it.

3. Where the Loan Should Sit and What It Costs

A loan taken personally at 90 per cent LVR with the insurance waiver outperforms an entity loan capped near 80 per cent, because the waiver attaches to the individual rather than the trust. Where the security must sit in the trust, personal guarantees and a lower maximum LVR are the normal trade.

Distributions resolve before 30 June, so timing changes which returns are available. Case Study: A principal of a four-partner suburban practice on a $150,000 salary and a $580,000 trust distribution took the family home personally at 90 per cent LVR with the waiver, while a Parramatta unit held by the trustee company was refinanced at 80 per cent behind director guarantees.

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"Can a discretionary trust borrow money for an Australian home loan?"

Sophie Taylor
Sophie Taylor Legal Profession Credit Specialist

Yes, provided the trustee has an express borrowing power in the deed and the lender accepts the structure. Lenders normally require the corporate trustee to be the borrower and the property to be held in the trustee's name, with directors and adult beneficiaries guaranteeing. Maximum LVRs for trust borrowers are typically lower, and the professional insurance waiver may not apply.

"Why does my lender want guarantees from every beneficiary?"

Marcus Vance
Marcus Vance Professional Services Policy Analyst

A discretionary trust has no fixed beneficial owners, so the lender secures the loan against the people who control and benefit from it. Directors control the trustee and beneficiaries receive distributions, so both usually guarantee. Beneficiaries under eighteen are excluded. The guarantee is typically unlimited, which is why the deed and distribution history are reviewed together.

Frequently Asked Questions: Law Firm Service Trust and Company Borrowing Structures

Can a discretionary trust borrow money for an Australian home loan?
Yes, provided the trustee has an express borrowing power in the deed and the lender accepts the structure. Lenders normally require the corporate trustee to be the borrower and the property to be held in the trustee's name, with directors and adult beneficiaries guaranteeing. Maximum LVRs for trust borrowers are typically lower, and the professional insurance waiver may not apply.
Why does my lender want guarantees from every beneficiary?
A discretionary trust has no fixed beneficial owners, so the lender secures the loan against the people who control and benefit from it. Directors control the trustee and beneficiaries receive distributions, so both usually guarantee. Beneficiaries under eighteen are excluded. The guarantee is typically unlimited, which is why the deed and distribution history are reviewed together.
Can a company or service trust buy a residential property to live in?
A company or trustee can hold residential property, but the treatment differs from personal ownership. Owner-occupier concessions and some first home buyer provisions generally do not apply to entities, land tax thresholds may differ, and capital gains treatment follows the entity rather than the individual. The lender will also require guarantees from the directors.
Is trust distribution income assessed the same way as salary?
No. Salary is verified from payslips and an employment contract, while distributions are verified from two years of personal tax returns, trust distribution statements and trustee resolutions. Lenders may apply different treatment where distributions vary materially between years, or where a distribution is funded by an unpaid present entitlement rather than cash received.
Does the 90 per cent LVR insurance waiver apply to trust borrowing?
The waiver is generally attached to the individual professional and their occupation, so it usually applies where an admitted lawyer borrows in their own name. Where the borrower is a trustee company, policies commonly cap the maximum LVR near 80 per cent and do not extend the waiver. Confirming this before structuring a purchase can save a significant amount of cost and rework.
What documents does a lender need to review a trust deed?
Assessors typically want the complete deed and any deeds of variation, not just the cover page, so the borrowing power, the trustee's indemnity rights and any restrictive clauses are visible. Alongside the deed they usually require an ASIC company extract for a corporate trustee, the trust's ABN registration, distribution minutes, and signed guarantees from the directors and adult beneficiaries.
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