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  • Profile photo of number 8number 8
    Participant
    @number-8
    Join Date: 2010
    Post Count: 333

    Thank you Dan, this is the same topic as who's the beneficiary, what a co-incidence….

    Profile photo of Dan42Dan42
    Member
    @dan42
    Join Date: 2008
    Post Count: 619

    You could look at something like a Bare Trust.

    A Bare Trust is a trust where the legal and beneficial ownership is split. The trustee has legal ownership, the beneficiary has beneficial ownership. A bare trust gives the beneficiary the rights, so that he/she can instruct the trustee, and the trustee acts on the wishes of the beneficiary. Basically the trustee owns the asset for you.

    I heard of one example of successfully using a bare trust. One farmer had his property on the market, his neighbour wanted to buy it. Problem was, the neighbours did not get along, and the prospective buyer believed he would have to pay a much higher price if he were to buy it in his own name. Neighbour (buyer) organised for the formation of a bare trust, with a friend as trustee. He purchased the property through the bare trust, the seller was none the wiser. Apparently the look on the sellers face, when he found out who bought his property was priceless.

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

    And there should only be nominal stamp duty to put the title into the farmers name and no CGT consequences.

    What happened to the opening post?

    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 Dan42Dan42
    Member
    @dan42
    Join Date: 2008
    Post Count: 619

    I'm not sure where the opening post went. It has been edited for some reason. It was a question about hiding the legal / beneficial owners of an asset.

    I'm not sure what number 8 is up to…..

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

    Thanks Dan.

    Being bare hides everything!

    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

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