Unlike companies trusts are not separate legal persons. When a trust enters a contract it is the trustee that enters it. The trustee is personally...
Have heard it can get tricky buying international shares via a trust. Anyone know much more about this or have any resources to read further?...
A comment that I hear often is that ‘trusts cannot negative gear’. This is not correct. Trusts can negative gear and so can SMSFs and companies...
I was amending a trust deed for a client and came across some poor wording which could have exposed all of the asset of the trust to creditors....
There are a number of differences between companies and trust. I have made a list of 3 of the major differences in the tax area below: a)...
In NSW companies and trustees acquiring land can be up for 8% additional stamp duty and 2% pa. extra land tax if ‘foreign persons’ are...
I am often asked what the tax rate for trusts is. It is generally nil as the trust, although a tax entity, will not retain any income on which it...
A trust is not a legal entity so can’t borrow money. What happens is that the trustee of the trust borrows the money in their capacity as trustee...
Different trusts will have different terms and generally I will set up trusts for shares differently for trusts to hold real property. For a...
Estate Planning Consequences of Recording the Beneficial Ownership of Shares in a Private Company Wrongly If someone dies and owns shares in a...
It is confusing when setting up a trust because they are thought of as a ‘structure’ or an ‘entity’ like a company is. But trusts are just...
The trustee of a discretionary trust might make an individual beneficiary presently entitled to a capital gain of the trust. This individual...
Many seem to be confused about trusts using their income to reduce debt and how this relates to tax. Example The Simpson family Trust receives...
When a newly set up trust or company invests in property there is often a negative income. The expenses are more than the rents, especially in the...
The trustee of a trust generally must make one or more beneficiaries presently entitled to income of the trust prior to 30 June each year. This is...
The trustee of a trust is usually changed by deed. After this happens the title of the trust property should be transferred from the old trustee...
People set up trusts and think to themselves this is ‘my’ trust. This is not actually the case, even if you are the sole trustee, appointor and...
Hi Everyone, Could you please suggest me some books on asset protection, you guys would have read or aware of. 1. Asset protection 2. Trusts...
There is a legal principal that a person cannot be a beneficiary for themselves as the definition of a trust is the trustee holds property for...
A trust is not an entity so you cannot contract to sell to the ‘trust’ unless the trustee is a different person from the current owner. An owner...
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