In NSW if you had used a fixed trust to own land then:

1. Ability to transfer units to a SMSF at a later date

2. Access to the refinancing principal

3. slightly greater asset protection.

4. ability to access the land tax free threshold, and

5. stamp duty savings on the transfer of untis – due to be abolished July 1 too.

None of these are available if you buy in your own name.

I am writing such a book. Got to think of a different title though.

I am not sure if I will publish it as too many trade secrets.

in NSW most trusts don't get any land tax free threshold.

"Exceptions" for fixed trusts, SMSFs and deceased estates.

in that you have to imagine, if you were to go bankrupt at some point in the future what assets would be at risk

I charge $500 for the asset protection chastity belt or $1000 if you want the key as well.

Yes, no change to taxation for 2 reasons

1. Purpose of the loan determines deductibility, not securty, and

2. Same owner so a negative on one offsets a loss on the other.

You can both claim expenses in proportion of ownership

Accountants shouldn't give asset protection advice as this is legal advice. For example, they are not trained in litigation, or family law or succession. Solicitors are trained in this area.

3 simple examples:

1. Insolvency. A company without proper records will be deemed to be trading while insolvent. Directors of a company trading while insolvent will be personally liable for the debts of the company and their personal assets at risk.

Unpaid present entitlements are another big one. These build up over the years if the trust doesn't make a distribution and this will great all sorts of problems, including weaking asset protecition.

2. Discretionary trusts won't help much in a family law situation. No to little asset protection.

3. A property held as Joint Tenants doesn't not form part of the estate, but passes to the sole survivor. This can be attacked.

Trusts don't form part of the deceased's estate, but in NSW trust assets can be deemed part of the estate under the notional estate sections of the succcession act.

5. Just fill in the form and lodge at the land titles office and pay hte fee.

Tom,

2. Asset protection from what?

3. No, Australia totally different to US