All Topics / Legal & Accounting / Advise on Structure

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  • Profile photo of proogleproogle
    Member
    @proogle
    Join Date: 2013
    Post Count: 4

    Hi Everyone.

    I am first time poster. This forum is a great source of information for a rookie like me.

    Our situation is

    1. Early 30s couple with 18 month old bub. Both with perm job and 100K+ income each.

    2. Own PPOR with around 150K in Equity (130k loan outstanding) in Western Sydney. The loan is against husband

    Our goal is

    1. Build passive income via multiple CF+ positive with good CG (5%+ per annum)over next 5-10 yrs

    2. Husband wants to start contract job this year (to get higher salary and higher tax advantage of PTY setup). Wife will

        continue with Perm Job

    3. Start IT consulting business over next 1 or 2 years. One of us will quit job and get full-time into business at some stage

    Understand benefits of Family Trust with Company as Trustee. But need advice on the following

    1. Should we straight away start with Trust structure? I am afraid, earnings from CF+ property will be eaten away by cost to setup Trust and accounting bills, especially for the first couple of years when we will have less number of properties. Other option in mind is to buy first couple of IPs on wife's name as she is currently debt-free.

    2. If indeed we go for Trust straight away, since both of us are in higher tax bracket, should we setup 2 companies? One company will be Trustee and other will be beneficiary (as company tax rate of 30% is less than individual tax rate). Husband can be Director of the Trustee Company since he has higher income than wife. Also later on, when husband starts contracting or own business, should he use Trustee Company or Beneficiary Company for his employment/business?

    3. Any recommendation for good Property accountant in Western Sydney who can also help in setting Trust.

    4. Any other thing which I have to keep in mind while deciding structure.

    Thanks in advance.

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Hi and welcome aboard

    Do yourself a favor and contact Terry W on this forum. He's in Sydney and will be able to assist with the structure and answer all the questions you have. http://www.terryw.com.au/

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Consider land tax as well. This is likely to be a large expense as trusts do not get any tax free threshold so 1.6% of the land value for all land owned by trust – each year too!.

    Being a director has no bearing on tax. Trading company should not hold assets or be trustee. It could be a beneficiary though, but this may mean it starts to hold assets – cash distributed. It all depends on the risk factor. weigh up risk v costs.

    Consider succession planning too. Who takes over if you die or become incapacitated.

    Also possibly consider setting things up so that it is flexible and can be easily changed or adapted in the future – such as using a unit trust on top. There are many advantages.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of RPIRPI
    Participant
    @rpi
    Join Date: 2012
    Post Count: 308

    Jamie, great minds think a like , I recommended Proogle go see Terry W on another forum, but I beat you by a couple of hours.

    RPI | Certus Legal Group / PRO Town Planners
    http://www.certuslegal.com.au
    Email Me | Phone Me

    Property Lawyer & Town Planner

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