All Topics / Legal & Accounting / to set up a trust or not?

Viewing 2 posts - 1 through 2 (of 2 total)
  • Profile photo of frosty1frosty1
    Member
    @frosty1
    Join Date: 2007
    Post Count: 61

    Is there any type of insurance available for personal liability against your assetts?

    I thought being an employee, there would be little chance of being sued, but there are many other ways someone could have reason to sue you.

    Could someone please help me decide on an  ownership structure for buying IP's?

    I have one IP now { owned as joint tenants with my wife } and are ready to sign contracts for two more properties.

    And intend to continue buying for at least another ten to fifteen years, and hopefully end up with a passive income.

    one property is just slightly neg geared after tax.  only if it is in my name, as i earn a wage income.

    the other property is about neutrally geared or just positive geared, befor tax. thinking of buying in the wifes name as she earns no income and is not about to for at least six years or more.

    should we continue buying like this, neg in my name and pos in her name?

    Or should we be looking at a trust set up? 

    I understand trusts are good for assett protection and legal tax avoidance { not tax evasion }.

    But without the tax advantage with personal income, the buying process will be slowed.

    I have heard the ATO has concerns and issues with Hybrid trusts and may not accept claims against personal tax.

    I guess it's like saying you can't have it both ways.

    the chance of being sued may be slim but so are  things like your house burning down, and people make sure they are covered for that.   And thats with one house.    If you are looking at multiple houses, your concern should be even higher.

    I would be grateful for any ideas or thoughts that may help me.

    thanking you,

    frosty.

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

    One of my friends was running a business as a sole trader (bad idea!) and he was sued for $800,000 because of an employee fraud.

    If you are not in business, there are still many reasons why you could be sued. eg. You have an accident and are not covered. or you house floods with the insurance company claiming they don't cover floods, only rain damage. House is now worthless, but you owe hundreds of thousands – but your employer has gone bust too because of the floods. You can no longer meet repayments and go bankrupt.

    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

Viewing 2 posts - 1 through 2 (of 2 total)

You must be logged in to reply to this topic. If you don't have an account, you can register here.