Asset protection for entrepreneurship

Discussion in 'Legal Issues' started by Ole, 14th Dec, 2018.

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  1. Greg McDonald

    Greg McDonald Active Member

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    I know its a basic picture but it essentially outlines how to clog a house and protect it.

    How do you do it? What's your proposed solution.

    Last idea I have is to just outright sell the house to an offshore company running out of Malta.

    That takes a bit of pre-work though...

    Seriously, explain to me what you would do. I am honestly all ears and want to learn.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Gift and borrow back
    But you have to understand how the claw back provisions work and how to make an effective gift. Estate planning needs to be considered in conjunction.
     
  3. Greg McDonald

    Greg McDonald Active Member

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    I don't gift at all it's unrelated parties for all intents and purposes...
     
  4. Greg McDonald

    Greg McDonald Active Member

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    Hence whey it is a legitimate mortgage/writ of possession over the title... as the 'owner' owes someone else first...
     
  5. Mike A

    Mike A Well-Known Member

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    Who will own the shares in the maltese company ?

    FIRB approval will also cost you at least 5,600 aud on top of the company setup costs.
     
    Last edited: 31st Dec, 2018
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Not to mention the land tax and the extra stamp duty!
     
    Mike A likes this.
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I am not sure what you mean Greg.
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I think you may be thinking that merely registering a mortgage on title gives indefeasibility. It does to a degree but this doesn't mean the mortgage will hold up. I can think of 4 ways a mortgage won't.

    You can't just lodge a mortgage and instantly gain asset protection as easily as that.
     
  9. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    +101 Its on most of my stuff since Mid December. I even use it for work. I dont need it (yet) but choose to use it to login at work or remote access. I now need five sequential independent access matters (login, password, 2FA) for one lot of software (BGL). And seven for anything tax related. All tax agent etc ATO systems will soon require 2FA)

    Google Authenticator is free and across the two core phone and device platforms + windows. Everyone seems to include it as a option

    If I lose my phone I may just take the day off. (I did leave it home a few weeks back) - I locked it remotely. Authenticator cleared all links and so did tap and pay. I had to set them all up again)
     
    Last edited: 2nd Jan, 2019
  10. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Australia and Malta have a DTA and tax data sharing regime.
     
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  11. Mike A

    Mike A Well-Known Member

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    Price Financial WP Admin doesn't have two factor authentification. PTS didn't either until Greg pointed it out.

    I also moved the admin folder thanks to his suggestion. your one sits at /wp-admin. same as mine prior to the change. he highlighted some good security tips for my site.
     
  12. property_invest

    property_invest New Member

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    if you don't actually owe the trust any money how is there any protection?
     
  13. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Here are some more tips that i wrote which are relevant to this thread:

    Legal Tip 251: Trust taking mortgage over personal property for asset protection Legal Tip 251: Trust taking mortgage over personal property for asset protection

    Legal Tip 223: Indefeasibility and the Torrens System Legal Tip 223: Indefeasibility and the Torrens System

    Legal Tip 257: Dangers of having a friend act as trustee and mortgage your property Legal Tip 257: Dangers of having a friend act as trustee and mortgage your property