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  • Profile photo of catacata
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    @cata
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    Adrian is on the ball, I use him myself
    Superior Tax Solutions
    Mt Elisa, Melbourne
    The phone number in the above post is out dated.
    (03) 97878906
    He has been very busy and I'm not sure if he's taking on more clients.
    Worth a phone call tho.
    Oh, and I'm in Brisbane too.

    Profile photo of catacata
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    raddles wrote:
    The main problems with resettlements arise when the trust deed is changed is such a way that beneficiaries are changed or entitlements of those beneficiaries are changed – that normally will trigger the problems with the office of state revenue

    Hi Raddles

    This would depend on the deed. Some are able to change beneficiaries with a minute entry. In which case the resettlement would be unnecessary and no OSR problems.

    I have a tax barrister that I often refer to as a source of info.  He calls me when he comes across a problem with the wording for my own enlightenment :)
    As you would know, it's all in the way someone reads (or interprets) the wording of the deed. Some are clear,  flexable and easy to use while others are not.

    It also depends on the ability of the accountant you are using. If the accountant understands the deed it can be used to its potential for a reasonable price.

    Profile photo of catacata
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    This depends on the wording of the trust deed and what it allows for. Some will allow  for the changing of a trustee while others do not.  I do not see why some deeds have it any other way, but there are some that will trigger stamp duty and possibly CGT if need to be resettled. Others that will need a minute entry only. This is my prefered option.

    Best to ask these questions of the solicitor setting up the deed for you and ensuring the accountant knows how to do it also.  If not,  maybe time to get a new accountant….

    Profile photo of catacata
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    The only stupid question is the one NOT asked.
    Never be afraid to ask, the worst you can get is a NO.

    Profile photo of catacata
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    I don't believe the formemtioned trust to be any more flexable than a number of other structures, especially since the laws changed. The book being sold has outdated views and to my knowledge has not been updated.
    Just my opinion.
    I'm not a fan of this trust for a number of reasons, others disagree so do your own due dilligence on everything.

    Profile photo of catacata
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    Qlds007 wrote:
    A badly worded Trust Deed will have you in deep water.

    Exactly Richard. It's something that is easily overlooked unless you understand what you are reading.

    Profile photo of catacata
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    That could potentially have tax issues after a seperation eg. who pays if the you have the title in the lower income earner's name. Is the high income earner liable for the tax if the title isn't in their name? I would think not. So the low income earner gets slugged with all or most of the tax billwhile still having to split the profit.

    It also could trigger child support issues as the low income earner now is not on such a low income, but still has to spilt the profit from the sale. And family payment issues as the forcasted income is now more and a potential bill comming to repay the funds.

    It looks all good for the high income earner but not so rosy for the low income earner.

    Not to worry, I'll sort it out.
    It creates some interesting times…

    Profile photo of catacata
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    Thanks Terry but the Assets are not being transfered between spouces, but sold

    Profile photo of catacata
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    No Richard
    I put those there on purpose……apparently
    Hope all is well with you mate.

    Back on topic though, I believe the best way for distributing funds is through a trust IMOP

    Profile photo of catacata
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    Thats what I found out today. It needs to be a family court order.
    Oh well……

    Profile photo of catacata
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    Gee Richard
    Do you really need to put your details twice?
    More chance of people reading it I suppose……

    Profile photo of catacata
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    If the trust deed has the provision, it should be able to be resettled. After which the 80 yrs starts again.
    But the laws in regards to this will no doubt change before then, so I would check again closed to the date.

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    I went to see thema few years ago now, and was told that 1 IP per year can not be done.

    I proved them WAY wrong.

    CATA
    Asset Protection Specialist
    [email protected]

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    Exactly Simon, but I would take it one step further.

    Wealth gives you choice, but being rich is a state of mind.

    Being involved in a rather messy divorce with kids involved I can say that I now feel richer than I have in years. It is my choice what and where I put my money and it will always benefit myself and my 2 girls.

    My point is that even in the darkest times, we can be rich.

    CATA
    Asset Protection Specialist
    [email protected]

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    Spot on Terry

    Registered mortgages get paid first in the case of bankruptcy.

    CATA
    Asset Protection Specialist
    [email protected]

    Profile photo of catacata
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    Terry is on the money. There are so many differently worded deeds out there. You will ned to read and understand the deed you have before that question can be answered.

    I have read some that allow the appointer to resign and be replaced.

    CATA
    Asset Protection Specialist
    [email protected]

    Profile photo of catacata
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    My understanding was that the IP is already purchased or at least contract signed.

    CATA
    Asset Protection Specialist
    [email protected]

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    Hi Andrew

    Terry is on the money IMOP.
    Structuring should be done prior to purchasing. This makes things easier. It may be better to keep this IP as is and structurefor your nextone.

    CATA
    Asset Protection Specialist
    [email protected]

    Profile photo of catacata
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    Hiya Richard

    What posts?
    I haven’t looked at this site in about 4 weeks. I was supprised how many posts there are. [lmao]

    CATA
    Asset Protection Specialist
    [email protected]

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    It really depends on how the trust deed is worded. You will need to ask this question to the people who are setting up the trust for you. They will be able to give you the best answer for the trust you are purchasing.

    CATA
    Asset Protection Specialist
    [email protected]

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