All Topics / Legal & Accounting / Subcontracting Income through a trust
There are other ways……
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I imagine there are, and a good accountant/lawyer will definitely be able to give you the right advice!!!
A lazy lunch time on the forums Terry? This website is taking up a good portion of my work breaks recently!!
Luke.
luke86 wrote:I just had a look at the Pat IVA. It appears that you would not be allowed to purely 'stream' your parters income through a trust and distribute it to yourself to save tax.From the Part IVA document:
In the absence of unusual features, therefore, Part IV A would not
apply to such husband and wife partnerships. The sort of unusual
features that could see Part IV A apply include where the:– income generating activity was in reality a disguised
employment arrangement, or
– use of the partnership is prohibited by regulatory or other laws.In employee?like arrangements, provisions in the income tax law
which specifically deal with the alienation of personal services
income may apply in any event. This would mean that the
partner performing the main bulk of the work is taxed on all
of the partnership income. In such cases, Part IVA would have
no application.Reading the above, it appears that your husbands work is in fact a disguised employee arrangement. He is getting paid as a contractor although in reality he is an employee (I could be wrong though as I dont really know the nature of your husbands work).
I think you really should talk to a good accountant as they may have a way around this so you can stream the income to save tax.
Cheers,
LukeYes, your right. Obviously the arrangement in order to be professional would have to be between an "employee and an employeer" arrangment and not a husband and a wife. I realised that last night. So if your smart so long as your not acutally registered as a married couple you should not have any problems. We are going to have a talk to some professionals to find out their opinions on the matter.
Terryw wrote:She has to overcome the PSI rules but it could be possible to set up a consultancy firm.I wouldn't say it outright illegal. Usually income if it is personal services income will be taxed in the hands of the individual even if it is received by a trust or company. If you can overcome the rules you can have it via the trust.
Terry,
What is a consultancy firm?
Is this an example of what your talking about
http://www.entrepreneur.com/startingabusiness/businessideas/startupkits/article41384.html
a company that provides consultants.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Refer to BRMJCQ case, Cooper case and Skiba case as these demostrate that providing services through a contracting company generally result in failing to qualify as a PSB.
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