All Topics / Legal & Accounting / How do I structure?

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  • Profile photo of TenealeJohnsonTenealeJohnson
    Participant
    @tenealejohnson
    Join Date: 2020
    Post Count: 0

    Hi,
    I couldn’t find this question or similar on the forum.
    If you could help me at all, or point me in the right direction. It’s about structuring.

    So I had a child with my ex D.
    I then met my husband C and had a further 3 children.
    D hasn’t worked since he left high school, has income of 13g a yr. But still flies everywhere for holidays, so his not dying. Child is looked after. He said he doenst ever want to pay child support.

    I currently own a Concreting company. We have almost been in business 2yrs this March. We put through our books over a mil every yr so far, no loans yet, always have work. So going pretty good.
    I pay my husband a wage. So I don’t pay myself a wage, just draw money out when needed up to 20g.

    How do i structure property investment. I was looking at the way it’s done in the book. But as my personal income isn’t great and I have dependents and would have to pay child support if I paid myself.

    My husband is about to get a home loan. It won’t have my name on it. I pay him $135200 before tax.

    Could I
    Have a trust, with trustee company the (concreting company).

    Or have a trust, with company B as trustee, then have concreting as a garuntoor.

    Have my husband have a family trust, then a company in his name then use his financials? It would be hard because he has 3 dependents and myself and a loan.

    Is there any way I can structure it without using my personal financials?

    The broker we just used, was honestly useless. My current accountant for concreting company is the same. I’m currently trying to source better ones.

    Much appreciated. Thank you

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,376

    Hi Teneale,

    What a good problem to have.  You sound like you are going fine.  I’m sure someone in this community will have answers for you, but it isn’t me – sorry!

    Let’s see who does pop up with some sound ideas.  I do like the idea of finding new expert members for your team – sounds like the previous ones weren’t up to the task, as you have “moved on” past their skill levels.  Good luck, and I hope someone stops by soon,

    Benny

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,190

     

    Structuring like this is legal advice so you will need a lawyer. They would need to consider the child support legislation – which I have never looked at, but I would imagine there would be provisions in there to count the income of trusts and companies which you control, even if not named as controlling.

     

    One way to structure it might be to divert income to the new spouse who buys as trustee of a discretionary trust which you are an unnamed beneficiary of. You not take an income or distribution from the trust until all the children are over the child support age.

    But this has consequences which you need legal advice on – tax, family law (what if split from new spouse), asset protection, land tax, borrowing ability etc.

     

    Proper advice on this sort of thing would cost you a few thousand I imagine.

    • This reply was modified 1 month ago by Profile photo of Terryw Terryw.

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

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of Steve McKnightSteve McKnight
    Keymaster
    @stevemcknight
    Join Date: 2001
    Post Count: 1,750

    Hi there,

    Terry’s thoughts are mine too – get some good advice from a lawyer, or an accountant, who knows about structuring. Some will over service and give you a structure that might be suitable for the Packer’s, but overkill for most others.

    I suggest working back from the outcome you want, to the best and most cost effective way to (a) protect your assets, and (b) legally pay the lowest income tax possible.

    You will need to consider at least  three aspects:

    a. Your business

    b. Your property investing

    c. Your personal wealth

    It may be you need a separate ‘structure’ for all three. Putting them all in the same ‘structure’ (i.e. in your own name, the same company, etc.) is something that smart people avoid as you end up compromising asset protection and tax planning opportunities.

    Without giving any advice, but as a discussion point:

    a. Business in one family trust

    b. Property investing in another family trust

    c. (a) and (b) provide distributions to individuals, with surplus money diverted to other investment entities

    As Terry indicated, expect to pay between $3k – $5k for advice, and similar again to set up new entities, and similar again for annual fees for accounts, tax returns, etc.

    Regards,

    – Steve

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

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