Books on Asset protection

Discussion in 'Legal Issues' started by Hari Yellina, 27th Aug, 2020.

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  1. Hari Yellina

    Hari Yellina Well-Known Member

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    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

    Thank you in advance for your comments.
    Hari.
     
  2. Terry_w

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

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    There are 2 Australian books on asset protection - both written by unqualified people and full of inaccuracies so best to avoid. Heaps of American stuff out there, but largely irrelevant.
    I have written over 100 tips on asset protection on this forum and there are some good articles on the net written by various Aussie lawyers.

    There are a lot of trust books out there. Try any textbook for law students such as
    Equity and Trusts in Australia 7th Edition
    By: Gino Dal Pont

    And this one is good, but not as 'legal' like:
    Trust Structures Guide, 11th Edition
    Trust Structures Guide, 11th Edition - The Tax Institute
     
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  3. Simon Hampel

    Simon Hampel Founder Staff Member

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    If you have specific questions, you could try asking them here - for educational purposes of course, not for "advice".
     
  4. Hari Yellina

    Hari Yellina Well-Known Member

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    Terry,

    I have purchased books. I will read your tips as well.

    Thank you for your help.
     
  5. Terry_w

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

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    what books did you buy?
     
  6. Hari Yellina

    Hari Yellina Well-Known Member

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    Equity and Trusts in Australia 7th Edition and Trust Structures Guide, 11th Edition

    both of them.

    I will read them, So, I will be able to understand the basics of trusts.
     
  7. Terry_w

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

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    Wow that must have cost you a fortune?!
     
  8. Hari Yellina

    Hari Yellina Well-Known Member

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    Terry, your suggestions were worth more than what I paid for books.

    If I can finish reading them. I might understand trusts better.
     
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  9. Paul@PAS

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

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    A older one which can raise many concerns in the context of modern tax rulings is Trust Magic. Its specifically addresses many tax matters in an Australian property & investment context. care must be taken that it is outdated.(2011 Edn is last update). Written by a former tax adviser. Not a lawyer and the ATO have since attacked some of the matters referred to. That said it does contain some wisdom.

    Out of print but in libraries: Trove in the National Library Canberra
     
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  10. Terry_w

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

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    I think best to avoid trust magic. Its full or errors.
     
  11. Hari Yellina

    Hari Yellina Well-Known Member

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    They are charging
    202 images at $52.00 per image.
    Priority surcharge $115.00
    $10,619.00

    Its not in print anymore.

    I will add this title to my list and try to find it on eBay.
     
  12. Hari Yellina

    Hari Yellina Well-Known Member

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    Paul, has mentioned, its outdated. Thought to buy it for fun.

    I got a few books already and reading them.
     
  13. Terry_w

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

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    I do recall that it was in very easy to understand language compared to the law books, but just take a critical approach when reading it
     
  14. Paul@PAS

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

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    The NLA will send 10% of the book !!
    I was thinking drive to a library. Self copying is cheaper and nobody will monitor the 10% rule

    As terry agrees its got some dubious aged material but it does cover some basics which then likely need advice top reign you back on.
     
  15. Piston_Broke

    Piston_Broke Well-Known Member

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    This topic was discussed ad nauseam a few years back, and most of what was posted was wrong.

    Real asset protection is tedious and very expensive.

    Book like trust magic are ok for understanding basic principles or trusts.
    I learned much more from a book called Bold Riders than any other book.
     
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  16. Hari Yellina

    Hari Yellina Well-Known Member

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    Why is it expensive.
     
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  17. Piston_Broke

    Piston_Broke Well-Known Member

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    As a general rule the entity that holds the assets is:
    Not in your name
    Has no debt
    Has not received funds from you (or long ago)
    Has no loans
    All transaction are at arms length (until needed)

    Try working a solution based on the above.
    The other option is confusion and obfuscation by quantity.
     
  18. Terry_w

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

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    how would that work in theory?

    My cousin sets up a trust with his money, the trustee buys shares - how would I benefit from it? What if the cousin dies or gets a family law property settlement?
     
  19. Paul@PAS

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

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    Complexity. Time involved, drafting and re-edits. Those who possess the knowledge and experience have high hourly charge rates.
    If it were easy every lawyer would do it.
    Many dont seek to do this work as its very tedious work. And easily prone to negligence claims if knowledge, experience and time arent committed to each situation.

    Replace "lawyer" with many occupations and same rule applies.
     
  20. Piston_Broke

    Piston_Broke Well-Known Member

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    I'd add that those who have the knowledge and experience are not advertising.
    Their clients are wealthy enough and advertising such strategies never brings anything good to them or their clients.