Holding property and company shares in company name

Discussion in 'Legal Issues' started by KinG3o0o, 17th Oct, 2018.

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  1. KinG3o0o

    KinG3o0o Well-Known Member

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    Hi guys.
    Moderator pls move thread If it's in the wrong section.

    Is there any benefit to holding investment properties in company name?
    I see some people do it all under one company but also

    Company1 for property 1
    Company2 for property 2
    Etc etc

    Also

    My wife is about to start her own company with 2 others . They have been adviced to consider hold their individual shares in abn/company

    Just looking for general advice.
    Also want to know will a lawyer or account better to seek advice for both this issue.

    Thanks
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Have a look at @Terry_w's tips on structuring.
     
  3. Terry_w

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

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    Land tax is generally the only advantage. But depends on state.
     
  4. Paul@PAS

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

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    A land tax unit trust (NSW+) may be a option for the property and held aside from the operating co and can rent (commercial) to it. May even be possible for the parties to use super to buy their unitholdings in some instances. Also can access thresholds (often).

    Shares in operating company could also be owned by a disc trust by each party. Depends on many things.
     
  5. KinG3o0o

    KinG3o0o Well-Known Member

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    thanks,
    for my wife's issue,

    should i seek accountants or lawyers/solicitors ?
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Do you need asset protection from her (business) venture as well for any joint assets?
     
  7. Terry_w

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

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    Lawyers
     
  8. KinG3o0o

    KinG3o0o Well-Known Member

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    to my knowledge, only thing she has of any major value is her share in our home,

    everything else is in my name.

    but yes, will be good if her business fail they wont take her home.

    and thanks @Terry. lawyer it is
     
  9. Terry_w

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

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    She will need more than asset protection advice.
    Things such as
    what entity to hold the shares
    how to fund the company
    shareholder agreements
    control of the company
    director duties
    planning for incapacity
    death planning
    business succession

    all legal areas