Ownership structure

Discussion in 'Legal Issues' started by Jayy, 22nd Feb, 2016.

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  1. Jayy

    Jayy Active Member

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    Hey all,
    Looking for some advice on which name I should purchase my next and subsequent purchases in. My two current ones are in my personal name. I work for a PAYG salary which is relatively small atm (~$50k) but due to my young age that will definitely be rising in the next few years, and I'd like to minimise my tax. Should I make my next purchases in a company name (which i will have to start), which to my understanding is limited to 30% tax as aposed to 48% for PAYG salary? Please note I'm quite unfamiliar with this topic and I know I should talk to my solicitor and accountant with these matters but I'd like to get some basic knowledge before that.

    Thanks in advanced !

    I also realised that this should be I'm the tax section, mods can you please move it if possible thanks
     
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  2. Terry_w

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

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    Sounds like a legal question to me, with tax aspects

    Before considering you might want to read my tax and legal tips, especially the one about a company owning property.
     
  3. Jayy

    Jayy Active Member

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    Is it possible to provide a link to this article? Thank you
     
  4. Terry_w

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

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    Jayy likes this.
  5. Paul@PAS

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

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    From a tax perspective use of a company would mean:
    - You dont own property. How would loans work ?
    - Different credit rules possibly
    - No neg gearing
    - No CGT discount
    - Profits trapped in the company unless paid to shareholders as a franked dividend with higher tax implications likely (The belief company profits are taxed at 30% is not strictly correct)
    + A new land tax threshold

    You may find that the existing purchases will become more neutrally geared (maybe positive) and so the additional purchase may offset this. Negative gearing isnt permanent but positive gearing is.
     
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  6. Terry_w

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

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    And as you won't own it you cannot will it at death. If you own the shares these may be willed though.
     
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  7. Jayy

    Jayy Active Member

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    Thanks for your help everyone, still unclear which direction to go with, much more research is required.
     
  8. Terry_w

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

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    Read all of my tax and legal tips and come back with some questions
     
  9. Paul@PAS

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

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    You looking for free or personal advice? Medical forums dont cure cancer.
     
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  10. Jayy

    Jayy Active Member

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    No I'm not. Just looking to get some general knowledge to get on the right path before I speak to my accountant as I mentioned in my first post. Isn't that what these forums are for?
     
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  11. Terry_w

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

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    Nothing wrong with that but see a lawyer too.
     
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  12. Jayy

    Jayy Active Member

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    I definitely will. Terryw your articles have been a great help. Thanks again everyone