Why Property Investment Strategies Rely on Both Your Accountant and Solicitor

Why an Accountant is Essential to Structure Planning

Your accountant is your strategic tax planner. They help ensure your investment structure supports tax efficiency, future borrowing power, and financial scalability. Without their input, you risk overpaying tax, missing critical deductions, or locking yourself into inefficient structures.

Why a Solicitor is Essential to Structure Planning

Your solicitor focuses on asset protection, legal risk, ownership control, and succession planning. They help draft the trust deeds, company constitutions, or co-ownership agreements that hold everything together.

Why You Need Them to Work Together

A lot of clients I have worked with who already had existing structures in place, either went to one professional or the other, but failed to work with both professionals at the same time.

The best structure for your investment isn’t just tax-efficient or legally sound—it’s both. If your accountant and solicitor aren’t aligned, you risk gaps in advice that can cost you dearly. Your accountant might suggest a great tax setup that your solicitor says creates legal risk—or vice versa. Having them collaborate gives you strategic clarity from day one.

What to Bring to Your Accountant: Prep Tips for Property Investment Strategies

Before asking for advice, give your professionals the right context. Come to your appointment prepared with:

• Your investment goals – Do you want capital growth, income, portfolio building, legacy planning? If you don’t know what these are, then this is where you should start, not with your structure.
• Your investment strategy – Buy and hold, renovation, flip, SMSF, development? Your strategy should be based on your research already (profit potential, property statistics, your skill level, and your risk tolerance.)
• Your ownership plans – Are you purchasing solo, with a partner, family member, or in a business relationship?
• Your timeline – Is this a long-term hold, short-term flip, or transitional purchase?
• Your income profile – Current earnings, existing deductions, tax bracket.
• Your existing assets and liabilities – Mortgages, savings, other investments.
• Succession or exit plan – Are you planning to pass it on, sell it, or exit jointly held assets?

This context allows your accountant and solicitor to tailor their advice with foresight—not just to this property, but to your overall investment goals.

How to Work With Your Advisors When Planning Property Investment Strategies

Treat your accountant and solicitor as a unified team. Here’s how:

• Share the same information with both professionals. Create a brief summary and hand it to each.
• Ask them to highlight overlaps or conflicts in structure advice. If they suggest different options, that’s not a bad thing—it shows you where more questions are needed.
• Coordinate decisions, especially around timelines, borrowing, and future sales.
• Ask follow-up questions: If something doesn’t make sense, that’s your cue to dig deeper.
• Use your session wisely: Treat it like a planning meeting, not a “yes/no” chat.

What Happens If You Don’t?

Without clear, shared context:

• You might get tax advice that doesn’t legally hold up.
• You might structure ownership in a way that kills your borrowing power.
• You risk paying double the costs to correct mistakes later.

Red Flags That Could Derail Your Property Investment Strategies

• One-size-fits-all advice (e.g., “everyone should use a trust”)
• Professionals who ignore state-based land tax or CGT differences
• No mention of scalability or future borrowing implications
• Reluctance to work collaboratively with your other advisors.
• No consideration for future investments or succession planning

Your best results come when your team thinks beyond this one deal—to the next 5, 10, or 20 years of your wealth journey.

15 Questions That Will Shape Your Property Investment Strategies

Below are questions to ask your accountant and solicitor—along with why you ask them. Understanding their response helps you recognise whether the structure fits your strategy or if more clarification is needed.

Accountant Questions That Shape Property Investment Strategies

1. What are the tax implications of this structure?

Why ask this? Every structure affects how rental income, capital gains, and deductions are taxed. Ask this for each applicable structure: Individual, Company, Trust, SMSF.

🎧 What to listen for: Can you split income? Who pays CGT? What’s the tax rate? What happens if you refinance or sell?

2. How can I maximise my deductions with this structure?

Why ask this? Different structures can affect what you can claim (e.g., interest, depreciation, repairs). Knowing this upfront improves ROI and helps with accurate record keeping.

🎧 What to listen for: Will depreciation be limited? What records should I keep? Does a company or trust restrict these?

3. How does CGT work if I sell from this structure?

Why ask this? Some structures may be eligible for CGT discounts; others may not.

🎧 What to listen for: Can I access the 50% CGT discount? What if I hold via a company? How does this affect timing?

4. Will this structure limit or improve my borrowing power?

Why ask this? Some banks treat income from trusts or companies differently. Your accountant can flag if this might impact your future loan options.

🎧 What to listen for: Will lenders accept income from this entity? Do I need personal guarantees? How will it affect serviceability?

5. What records do I need to keep for compliance?

Why ask this? Each structure comes with its own compliance obligations. Staying organised now avoids penalties and missed claims later.

🎧 What to listen for: Do I need a separate account? Do I need minutes, ledgers, or BAS? What if I miss a declaration?

6. What state-specific tax issues should I consider?

Why ask this? Be aware of the government “extra’s” for each structure. You will want to know the implications of things like Land tax thresholds, stamp duty, GST, CGT, and other obligations vary. You want structure advice that accounts for where the property is located. Different structures have different taxes and discounts – if any.

🎧 What to listen for: Is this trust taxed more in QLD? Are stamp duty concessions lost in WA? Any GST issues?

7. What are the annual accounting and compliance costs?

Why ask this? A trust or company could cost $2–5K+ per year in tax and admin. (accounting fees and packages for their services to lodge). The more complex the structure, the more fees you can guaranteed the professionals will change. This is well and good if you’re getting value for the cost (i.e. ROI)

🎧 What to listen for: What are my setup and annual fees? Is it scalable? Am I getting value for the cost?

8. If I were buying [insert property type], what structure would you recommend—and why?

Why ask this? Tailors the answer to your actual deal.

🎧 What to listen for: Are they considering your income, timeline, risk tolerance, and future goals?

9. What structure could negatively impact this type of purchase—and why?

Why ask this? Knowing what not to do is just as powerful.

🎧 What to listen for: Will I lose borrowing power? Overpay in tax? Increase personal risk?

Solicitor Questions That Strengthen Your Property Investment Strategies

10. What structure offers the best asset protection for my situation?

Why ask this? Structures like trusts or companies may protect you from personal liability. It’s critical if you’re running a business or investing with others.

🎧 What to listen for: Does this protect me from lawsuits? Divorce? Business failure?

11. How will this structure affect my control over the asset?

Why ask this? In some structures, you may need to share decision-making or act through trustees/directors. Ensure it aligns with your preferences and plans.

🎧 What to listen for: Who signs off on decisions? Can I change beneficiaries? Do I need consent from others?

12. What happens to the asset if I pass away or become incapacitated?

Why ask this? Ownership and succession rules vary. Without clear planning, your asset might not transfer as you intend.

🎧 What to listen for: Will the asset go to my heirs? Do I need a will, trust deed, or binding nomination?

13. Are there risks or legal limitations with these ownership setups?

Why ask this? Some structures may require formal agreements or be harder to unwind. Understand these risks upfront.

🎧 What to listen for: Are there restrictions on who can own or control the structure? Are you locked into the structure for a set period? Will exiting or changing the structure be costly, legally complex, or require court approval?

14. Will this structure trigger additional legal costs or complexity?

Why ask this? Some structures involve ongoing compliance (e.g., annual trust resolutions, director requirements). Know the full cost of setup and maintenance.

🎧 What to listen for: Are there recurring legal or documentation requirements? Will you need to engage a solicitor regularly? Are there penalties for non-compliance or delays?

15. If I were buying [insert property type], what structure would you recommend—and why?

Why ask this? Every property type (e.g., commercial, joint venture, development) may call for a different structure based on legal risk, control, and succession planning. Tailoring this to your exact deal type brings clarity.
🎧 What to listen for: Are they considering the legal risks involved in that asset type (e.g., tenant disputes, builder contracts, joint ownership)? Are they matching the structure to your desired level of control and long-term ownership needs?

After other resources? Check out the ATO – Property and Tax or some other educational blogs on property, strategy and structures can be found on the Smart Property Blog

Ask Smarter, Invest Wiser

You don’t need to be an expert to make smart structure decisions—you just need to ask the right questions and understand what the answers mean for your goals.

This blog is your conversation starter. It empowers you to walk into your accountant or solicitor’s office with clarity, confidence, and the right prep. Don’t be afraid to keep asking until you truly understand their advice. The moment you do, you unlock the next level of control and strategy in your property investment journey.

But here’s the truth: structure only works when it’s built around your strategy.

If you’re not yet clear on whether you’re investing for growth, income, speed, or lifestyle—then that’s where you need to start. Your structure should support your plan, not define it.

Not sure what your property strategy is yet? Stay tuned—our next blog series will guide you through the different types of property strategies so you can choose the one that fits you best.

In the meantime, if you’re stuck or want to talk through your ideas with someone who understands how all the pieces fit together, book a strategy clarity session. It’s not coaching. It’s a conversation to get clear on your next step—so you can stop guessing and start moving forward with purpose.

Book a clarity call and get the support you need to make your next property decision a smart one.

And remember—even the best structures sometimes need to change.

Circumstances evolve. Goals shift. Markets move. The most important thing is to act early. If you realise your current structure no longer serves your goals, don’t wait until you’re selling or restructuring under pressure. Get advice, make the change, and protect your long-term plan.

The smartest investors aren’t perfect—they’re adaptable.