FIRB. See the Foreigin incursions and takeovers Act for foreign purchasers. Or ring the FIRB.

You should seek financial advice as you can only contribute a maximum of $25k pa to super and this includes the 9% guarantee. Any contributions are taxed at 15% going in and the income as taxed at 15% too. Once contributed to super the funds cannot be withdrawn until you meet a condition of release such as retirement.

It will probably be transferred at market value as on the date of transfer – stamp duty by transferee and tax by the company payable too. But it is not so simple as you would also own shares in the company and these may need to be transferred as well. Any guaraantees provided on the loans? Directorships?

Some other ways to protect assets are:

1/ Not to have any

2. encourage your spouse/parents etc to own instead of you

3. private loans and mortgages

If your friend is sole director is can be good asset protection for you is the business goes under, but risky for you as you won't have control of the company. He could transfer money or have the company enter into contracts etc

A hyrbid trust is one in which there are discretionary aspects and units. The deed could specify capital to the unit holders and income to the discretion of the trustee, for example. However this wouldn't provide any additional asset protection, but probably weaken it. Units are property.

I don't know what you mean by:

And to make matters even more interesting, we would like to eventually have all future businesses inject profits/losses back to the same Pty Ltd for tax offsetting purposes.

Trust can distribute income into a company, but not losses. If the company is trading it could retain income and be taxed on it.

Purchasing a PPOR in a trust is not generally done as you would lose the CGT exemption and be subject to land tax possibly – 2 taxes where there otherwise would be none. There are other ways to structure with some asset protection. And don't assume trust = asset protection because there are a number of ways this could be attacked, especially in the early years.

I am sure her new husband will appreciate this!

Instead of paying your wife directly you could pay your estate and then divert it into a testamentary trust with certain controls to lessen the chance of any new spouse taking 'your' assets instead of them going to your children.

You could try RPI from this forum. He is also a solicitor.

Hi

It all depends… If you wanted to leave the property to a specific person then it may be better to wait. If you want to leave everything to your wife and vice versa then it may not be essential. Generally under the intestacy rules a spouse would get everything – this varies from state to state and depends on whether you have children from a different relationship etc.

But consider also what happens if you were both in an accident and died together.

Short answer = nope.

If you are sued you could lose all your assets.

But to reduce the chances of you getting sued, you could set up the business in a limited liability company.

There may be a few things you could do to further encumber your property so that you have little equity. Would need careful planning and would be costly to set up, so you need to weigh up the costs v risks.

No, you couldn't. Well, a transfer is a sale. And there is no stamp duty in vIc on spousal transfers whether there is a gift or a sale. You could only claim the interest as a deduction if you were borrowing money to buy. If your wife is gifting to you then there is no reason to bororw, and if you did the interest wouldn't be deductible.