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  • Profile photo of Genesis01Genesis01
    Member
    @genesis01
    Join Date: 2003
    Post Count: 56

    I am taking the deposit from a LOC set up against a property outside the Discretionary Trust.
    To pay this deposit on a property within the trust, do I transfer this money into the Trust bank account & then transfer it to the agent?

    How worthwhile is it to establish a family owned company as a beneficiary & thus limit tax to 30%
    How does the company distribute the money?
    Does the beneficiary then have to make up the difference between the 30% company tax & their tax rate?

    Regards
    Daryl

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

    You will need to set up a written loan agreement between the person lending the money and the trustees of the trust. Probably best to transfer it to the trust bank account first.
    Most trust deeds allow a company set up later to be a beneficiary, so you may be able to save some fees by waiting a bit to set it up until you need it.
    The company will have a profit which it then pays tax on and distributes the left over to the shareholders – who may then have to pay more tax.

    The company could also retain profits and these could be used for further investments by lending the money to the trust. But check everything with your accountant as there are strict rules in this area.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Genesis01Genesis01
    Member
    @genesis01
    Join Date: 2003
    Post Count: 56

    Thanks Terry;

    When is an ABN required for a trust and what is required to invest in shares/ Managed funds thru athe trust?
    Can I use the same trust that I use to invest in property?

    Regards
    Daryl

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

    I believe any sort of business requires an ABN, including trusts. With shares its similar to property, you just open an account in the name of the trustee and the trustee buys and sells shares.

    There are some extra tax rules with dividends and discretionary trusts. After a certain amount, the trust may need to make a family trust election. Once it has done this, the trust can only distribute to direct family members. Since this restricts things a fair bit, it might even be a wise move to start a different trust for your shares, depending on how many you intend to hold.

    Best to check this with your accountant as these rules are complex and have recently changed.

    Terryw
    Discover Home Loans
    [email protected]
    Send an email to get my newsletter.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Genesis01Genesis01
    Member
    @genesis01
    Join Date: 2003
    Post Count: 56

    Thanks for your help Terry

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