All Topics / Legal & Accounting / Company Setup

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  • Profile photo of Work Ur MoneyWork Ur Money
    Member
    @work-ur-money
    Join Date: 2010
    Post Count: 13

    Hi people,

    I've had great advise from the forum and still learning, I've a new question.

    I would like to know, if it's worth while for my wife and I to create/reg a company name, to buy shares and future investment properties.

    Our current home loan is I/O and under both our names.

    In the past when I was single, all investments in shares were done under a my name, moving forward we would like to do it together, is it worth while to have a company or just joint names.

    Open to other options

    Thanks

    Profile photo of JpcashflowJpcashflow
    Participant
    @jpcashflow
    Join Date: 2007
    Post Count: 575

    Hi Work Ur Money,

    Firstly welcome to this forum, Since I am a big batman fan lol, I would be more than happy to offer you an opinion. 

    Best thing to do is to talk to an expert in this field, Terryw on this forum will be able to provide you with great advice on structures “etc” for your situation.

    My wife and I have our holdings split into two categories – 1) Into a Trust and 2) under my name as well.

    Are you planning to set up the structure yourself? If so I would honestly recommend getting an expert to set this up for your properly, Also see what the PROS and CONS will be  for each structure/situation.

    I would also talk to an accountant about transferring shares from your name into another entity,  from my personal experience, we had allot of shares that were making a profit and some of the shares we moved into the trust incurred capital gains tax as well.

    Do your due diligence and set up it correctly from the start, I have a great accountant based in Melbourne who knows shares back to front, If you want his details please let me know.

    Jpcashflow | JP Financial Group
    http://www.jpfinancialgroup.com.au
    Email Me | Phone Me

    Your first port of call in finance :)

    Profile photo of RPIRPI
    Participant
    @rpi
    Join Date: 2012
    Post Count: 308

    Hi WUM

    A company would not be able to take advantage of the 50% CGT discount on properties held for longer than 12 months.

    A trust with a company as trustee would.

    A unit trust if structured correctly would have a land tax free threshold in NSW

    A discretionary trust and a unit trust has a land tax free threshold in Qld

    A unit trust is not protected from the creditors of an individual unit holder.

    You may be able to transfer units into super later on

    A discretionary trust is protected from the creditors of beneficiaries

    All of the above only works if structured right.

    Setting an entire structure up with the ability to add and remove components where you need to is ideal

    RPI | Certus Legal Group / PRO Town Planners
    http://www.certuslegal.com.au
    Email Me | Phone Me

    Property Lawyer & Town Planner

    Profile photo of Work Ur MoneyWork Ur Money
    Member
    @work-ur-money
    Join Date: 2010
    Post Count: 13

    Thanks for both your responses.

    I wouldn't be setting this up myself, I would get someone to arrange it, as you guys have mentioned, get it right from the start, so that I could avoid issues later on.

    Might do more reading and have a chat with the family accountant

    Profile photo of JpcashflowJpcashflow
    Participant
    @jpcashflow
    Join Date: 2007
    Post Count: 575

    Hi money for u

    Good idea….

    Its amazing how many people  are starting to get back into the share market  the yields are great 

    Jpcashflow | JP Financial Group
    http://www.jpfinancialgroup.com.au
    Email Me | Phone Me

    Your first port of call in finance :)

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

    Prob not a good idea, generally, to own appreciating assets in a company – 30% flat tax, not CGT discount and inflexible. What about all the franking credits with shares? Would largely be wasted.

    I would look more closely at trusts.

    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 6 posts - 1 through 6 (of 6 total)

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