another point. The beneficiaries of a trust will usually include any company in which the trustee is a shareholder, director or other ofice holder. So you can set up a company later on and all profits could be diverted to that company.
It is my understanding that you do not have to actually distribute the money to the relatives, and jsut a journal entry will do, but in this case they may have a claim against the trust later.
There is a great book called “Trust magic” by accountant Dale Gatherum Goss.
I think the main reason for a trust is tax minimisation. You can distribute the include as you please and the recipient pays the tax. Trusts don’t pay tax (unless it is not distributed). protection is only incidental for me.
Crashy, I would say discretionary trust is the best structure. it allows for maximin flexibility and offers asset protection that a company doesn’t.
eg, say you owned some shares in a company and made $18,000. you could only distribute this in accordance with the shareholding, but with a trust you could disribute $6000 each to yor 3 cousins who are uni students and don;t have any other income and pay no tax.
And if you were sued, your shares in that company could be at risk whereas assets held in the trust wouldn’t.
if you had a business, you could run it thru a company, but the shares could be held by the trust. that way all profit could be diverted tot he trust.
Losses can’t be distributed from a trust, but I don’t think a company can do this either? They are carried forward though. One good idea is if you have a capital loss, set up a new trust and then any capital gains can be discounted 50% (if held more than 1 yr) and this gain can then be distrubted to the old trust. This minimised the CGT payable.
Trusts are also cheap to setup and are not regulated by ASIC, and running costs are minimal.
Good point taxman. I agree-you can have the best of both worlds.
Luckyone. I just posted about this in another question. There is a Tax Determination available at http://law.ato.gov.au/atolaw/view.htm?docid=TXD/TD959/NAT/ATO/00001 (TD 95/9).
It appears a you must live in the property first before you can claim it as your PPOR and then have up to 6 years where you can rent it out, and still claim it as your PPOR. I beleive you can still claim interest etc on the property even though you will not pay any CGT.
I mentioned this to a real estate agent friend of mine in NSW. He was of the opinion that no licencing would be necessary to act as a spotter or a buyers agent. It is best to check with the Dept of Fair Trading to be sure. Just ring them up.
I know the people at Eurofinance, we use them for finance all the time. Euro use these funds to lend out for their asset lend product which is 9.5% pa interest.
I am not an accountant, but I beleive a time period is not stated in legislation and you should be able to claim a house as your PPOR if you live in it for just one day. But you can only have one PPOR per family (or 2 for a short period to allow moving). You can also be absent from your PPOR for a period of up to 6 years, rent it out and pay no CGT. Check this with a GOOD accountant.
I am not an accountant, but I beleive a time period is not stated in legislation and you should be able to claim a house as your PPOR if you live in it for just one day. But you can only have one PPOR per family (or 2 for a short period to allow moving). You can also be absent from your PPOR for a period of up to 6 years, rent it out and pay no CGT. Check this with a GOOD accountant.
I agree with Melanie, but would start a new company to act as trustee, not the one your are using for business. It adds more protection in case the trustee is sued.
Bill
I had heard the high court appeal was comming up sson, but didn’t know the ATO had lost, (are you sure-it would have been widely publicised I am sure?)
From a borrowing perspective, it may be wise to only have one director of your company as this will limit your guarrantee. (Directors must guarrantee loans in the company name.)
With most low doc loans you will need 20% commission. Some require you to be self employed. many also have more restrictions such as sqeaky clean credit history, and there are location restrictions (no inner city or country).
As Hilary said I beleive buyers agents (and spoters) must be licenced real estate agents or hold the real estate sale certificate and be working under a licenced agent (in NSW anyway). Please check with the Dept of Fair trading in your state, as you could be breaking the law if you are accepting fees for finding/introducing property.