All Topics / Help Needed! / company v trust

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  • Profile photo of A RussellA Russell
    Participant
    @a-russell
    Join Date: 2004
    Post Count: 1

    My daughter and I want to buy investment properties however to protect my current assets I have been advised to set uo a company. In my situation is it better to Have a company or trust

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

    Different for different situations and also different states have different land tax considerations.

    I am a big believer in discretionary trusts with corporate trustees for investment properties in QLD .

    BUT you can't negatively gear wages and salary against losses in the trust.

    Some basics

    50% CGT discount for trusts not companies

    Discretionary trust allows for distribution to everyone your related to, and companies and trusts and and and.  

    Companies to shareholders only

    Unit trust allows for distribution to unit holders only

     

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

    Property Lawyer & Town Planner

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213
    A Russell wrote:
    My daughter and I want to buy investment properties however to protect my current assets I have been advised to set uo a company. In my situation is it better to Have a company or trust

    Best to get proper legal advice on this. Companies or trusts may not protect your current assets to any great extent.

    There are lots of other issues to consider also such as land tax, 50% CGT discount (not available for companies), loan structuring – for both asset protection, taxation and serviceability. etc

    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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