All Topics / Legal & Accounting / Dale Gatherum and Trusts

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  • Profile photo of geogeo
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    @geo
    Join Date: 2003
    Post Count: 1,194

    Hi again to all,

    I was just contacted 5 min ago by the office of Dale Gatherum (the one you buy ‘Trust Magic’ from). Upon explaining my situation to them they concluded the following:

    – Positive geared property –> Family Trust…why – because of Asset protection.
    – Trust setup timeframe –> 1 week
    – Trust cost –> $2,200.00 (payable upfront)

    “The Trust setup and cost includes the setup of the company aswell. They reccommend a Company with the Trust and said that if you don’t get a Company, they charge the same rate to set the Trust up alone. The Company is a must for Asset Protection and for ever being sued.”

    They said,
    “If The Trust gets sued, you as an appointer would sack the Trustee (that is – the company) of the Trust and then pay another $1000.00 to set up another Company (which you would appoint as the new Trustee). You the whole time are the sole Director of the Company and one of many beneficiaries of the Trust.”

    They are not able to help me with my final question as they have no idea of the NZ Tax laws and deal only for Aussie investors. They can tell you everything about Aussie Trusts but cannot give advice on NZ Trusts.

    That was our conversation – Hope it helps some of you – it sure helped me.

    Kind regards,
    George.

    “If You never never ask, you’ll never never know”

    Profile photo of ShusharShushar
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    @shushar
    Join Date: 2003
    Post Count: 190

    Just curious & to be the devil’s advocate…

    My understanding is that most banks required a director’s guarantee as security when lending money.

    How does a trust protect you if you have given a personal guarantee?

    Shushar

    Profile photo of westanwestan
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    @westan
    Join Date: 2002
    Post Count: 1,950

    Hi George

    i’m not the expert who wrote the book on trusts but my understanding is the assets are still protected in the trust from personal litigationeven if you are the trustee not a corporate structure. As the asstts in the trust are owned by the trust not the trustee. so if i was sued they can only pursue my assetts not those of the trusts.
    bye westan

    I find +ve cashflow deals in New Zealand which I sell to other investors. To be on my database send an e-mail to [email protected]

    Profile photo of JulianJulian
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    @julian
    Join Date: 2003
    Post Count: 232
    Originally posted by westan:

    Hi George

    i’m not the expert who wrote the book on trusts but my understanding is the assets are still protected in the trust from personal litigationeven if you are the trustee not a corporate structure. As the asstts in the trust are owned by the trust not the trustee. so if i was sued they can only pursue my assetts not those of the trusts. bye westan

    I find +ve cashflow deals in New Zealand which I sell to other investors. To be on my database send an e-mail to [email protected]

    Hi Westan,
    If the invidiual (ie You, Westan) is the Trustee, then who is the Appointor? or you take three roles (Trustee, Appointor, Beneficiary) in the trust?
    Does it works? [glum]

    Cheers

    Julian [strum]

    THERE IS ALWAYS A BETTER WAY!

    Profile photo of FFCommFFComm
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    @ffcomm
    Join Date: 2004
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    In this case you are the appointer, the company is the trustee and you are a benficiary.

    Rgds.
    Lucifer_au

    Profile photo of westanwestan
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    @westan
    Join Date: 2002
    Post Count: 1,950

    hi guys

    in my trust janine (wife) and i are the appointers, i am the trustee and my children, my wife and myself are the benificiaries.

    we also make distributions to our church which is great because we can donate with pretax dollars where as if it was from an earned salary it would be after tax dollars.

    regards westan

    I find +ve cashflow deals in New Zealand which I sell to other investors. To be on my database send an e-mail to [email protected]

    Profile photo of JulianJulian
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    @julian
    Join Date: 2003
    Post Count: 232
    Originally posted by westan:

    hi guys

    in my trust janine (wife) and i are the appointers, i am the trustee and my children, my wife and myself are the benificiaries.

    we also make distributions to our church which is great because we can donate with pretax dollars where as if it was from an earned salary it would be after tax dollars.

    regards westan

    I find +ve cashflow deals in New Zealand which I sell to other investors. To be on my database send an e-mail to [email protected]

    Thanks Westan, You open my eyes.

    Julian

    THERE IS ALWAYS A BETTER WAY!

    Profile photo of geogeo
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    @geo
    Join Date: 2003
    Post Count: 1,194

    Hi Westan,

    this would work well with a family like yours Westan – all set up. I would follow the same if I was married with children.

    But as Im single, If I was the Appointer, the Trustee and the Beneficiary who owns the Trust, and I (as the Trustee) got sued, I (as the Appointer) would then sack the Trustee (who is myself) and appoint another.

    The office of Dale Gatherum said this would cause me a dilemma as I would be sacking myself – they said it’s possible but it wouldn’t go down well in a court case.

    Kind Regards,
    George.

    “If You never never ask, you’ll never never know”

    Profile photo of DerekDerek
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    @derek
    Join Date: 2004
    Post Count: 3,544
    Originally posted by geo:

    They are not able to help me with my final question as they have no idea of the NZ Tax laws and deal only for Aussie investors. They can tell you everything about Aussie Trusts but cannot give advice on NZ Trusts.

    Hi George,

    This comment seems to have been largely overlooked in the subsequent discussion. It clearly highlights a need for individuals to seek expert (read local) advice when buying overseas.

    Derek
    [email protected]

    Property Investment Support Available. Ongoing and never stopping. PM welcome.

    Profile photo of geogeo
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    @geo
    Join Date: 2003
    Post Count: 1,194

    Hey Derek,

    I would have hoped that there would be some expert who could advise on the pros and cons of NZ structures versus Aussie structures – Im yet to find one…[confused2]

    Kind Regards,
    George.

    “If You never never ask, you’ll never never know”

    Profile photo of AceyduceyAceyducey
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    @aceyducey
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    Post Count: 651
    Originally posted by geo:

    I would have hoped that there would be some expert who could advise on the pros and cons of NZ structures versus Aussie structures – Im yet to find one…[confused2]

    It’s a great niche for someone just waiting to be filled….

    Cheers,

    Aceyducey

    Profile photo of bardon_2bardon_2
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    @bardon_2
    Join Date: 2004
    Post Count: 74

    Geo,

    Check out Chris Raynal at

    http://www.masteraccountants.co.nz

    He is an expert on NZ structures for Australians, I also found his products to be very competitevly priced.

    PM me for any more info

    Profile photo of geogeo
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    @geo
    Join Date: 2003
    Post Count: 1,194

    Thanks so much bardon,

    you may be the life-saver many of us are looking for.

    take care – speak to you soon God willing,

    Kind Regards,
    George.

    “If You never never ask, you’ll never never know”

    Profile photo of redwingredwing
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    @redwing
    Join Date: 2003
    Post Count: 2,733

    Great Post Geo [thumbsupanim]

    Trusts seem to be a Hot Issue

    REDWING

    “Money is a currency, like electricity and it requires momentum to make it Effective”
    Count The Currency With This Online Positive Cashflow Calculator

    Profile photo of woodsmanwoodsman
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    @woodsman
    Join Date: 2004
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    At http://www.incorporator.com.au you are able to set up a company, which based on what acountants charge for doing this, might save you around $200.

    Might be easier to do this and then get your accountant to establish the trust only.

    James

    Profile photo of AceyduceyAceyducey
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    @aceyducey
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    Post Count: 651
    Originally posted by georgisj:

    At http://www.incorporator.com.au you are able to set up a company, which based on what acountants charge for doing this, might save you around $200.

    Yup Incorporator is bloody good.

    I’ve used it several times myself.

    Cheers,

    Aceyducey

    Profile photo of WallFlowerWallFlower
    Member
    @wallflower
    Join Date: 2004
    Post Count: 205

    Trusts can be set up at http://www.lawcentral.com (.au?)
    I’ts very user friendly and they always answer any questions you might ask thru their web site

    worth a look

    Profile photo of woodsmanwoodsman
    Member
    @woodsman
    Join Date: 2004
    Post Count: 714

    Do they do discretionary trusts? I have had a look and it seems they do standard family trusts..

    James

    Profile photo of geogeo
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    @geo
    Join Date: 2003
    Post Count: 1,194

    Just a quick note I forget to mention is that Dale’s office are increasing their fees from 1st of July this year.

    Kind Regards,
    George.

    “If You never never ask, you’ll never never know”

    Profile photo of gatsbygatsby
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    @gatsby
    Join Date: 2003
    Post Count: 708

    Hi Geo,
    Thanks for the research you’ve done mate. I’m also single with no dependants so this will affect what road I need to travel with trusts and asset protection.
    Cheers mate,
    Gatsby.

Viewing 20 posts - 1 through 20 (of 26 total)

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