PropertyInvesting.com Homepage

Splitting income in a family trust

Submitted by jimmys on April 27, 2008 - 11:15am.

Joined: 27/04/2008

Hi All,

My wife stops working end of June this year. I'm a sole trader under Australian law having a management contract working full time for 1 overseas company (of which I'm also a minority share holder, probably not relevant). As such currently I'm viewed by the ATO as not really a company (i.e. 30% tax) instead I'm paying the max income tax (> 45%) of $150K / year as if I were an employee. Currently I have no costs whatsoever to reduce my tax.

So I was reading about trusts. Am I thinking too simple if I'd say that it'd be possible to setup a family trust which receives all the income from the overseas company and then the trust gives $75K to me and $75 to my wife, effectively paying 30% tax each ??

Jim



Terryw's picture

April 27, 2008 - 9:06pm

Joined: 01/01/2002

It may be possible, but you will need specialist advice. The ATO has introduced measures to stop people doing what you are describing. They call it the 'Alienation of Personal Services Income'. There are various rules to overcome.

If it is an overseas company, then there may be opportunity for you to set up an entity overseas so that you could keep some money over there or in a lower taxed country. If set up properly you could do it legally, and reduce tax that way too.

Terryw
Discover Home Loans
Terry@discoverhomeloans.com.au
email me to join my newsletter.
Learn to Make Money Online & Get Free Guide!


Previous Topic

Employee Bonus $150,000

Next Topic

Adding Beneficiarys to Discretionary Family Trust

User login

Best Seller

Interested in making large sums of money from developing property?

In The News

Today's Tip

Active forum topics

Who's Online

Take The Test

This article reproduced from http://www.propertyinvesting.com/ with permission.
© 2001 - 2008 PropertyInvesting.com Pty Ltd, All Rights Reserved