All Topics / Legal & Accounting / Trust or Company? Asset protection & minimise tax?

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  • Profile photo of AgaveAgave
    Participant
    @agave
    Join Date: 2006
    Post Count: 22

    Ok….so I have read ’till my eyes are sore and my head is thumping and I still can’t get a handle on which is the best structure to set up to both protect my assets and minimise tax.

    Has anyone got a simple answer?

    What are the benefits of operating as a company?
    What are the benefits of operating as a trust?
    Why choose one over the other?

    I’d be grateful if you could point me in the right direction.

    Cheers,
    Sarah[confused2]

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

    A discretionary trust allows:
    – tax minimisation
    – avoidance of CGT and stamp duty on death
    – asset protection
    – more privacy than a company

    A company allows
    – limited liability

    I suggest if you are looking at a business then a company is worth considering – with the shares owned by a trust.

    Anything else, probably a trust is better.

    Terryw
    Discover Home Loans
    Parramatta
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    Profile photo of catacata
    Participant
    @cata
    Join Date: 2005
    Post Count: 559

    I think even a business should be in a trust. You can register a trading name for the trust and this will give you great flexibility.

    There is no “One size fits all” for trust structures as everyone’s personal circumstances are different.

    Generally I would agree with Terry.
    Let me know if I can help.

    CATA
    Asset Protection Specialist
    [email protected]

    Profile photo of AgaveAgave
    Participant
    @agave
    Join Date: 2006
    Post Count: 22

    Thanks Terry and Catta

    I’m just in the process of working out what my property focus is going to be and what I want to achieve. Once I decide whether I am going to focus on property as a business or hobby, I will look into discretionary trusts and company structures more.

    Thanks for your comments, I’ll take them on board.

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