Recommendation for advisor who can help with structuring

Just wondering if anyone can recommend an advisor who they have had a good experience with to assist with advising on structuring of our investments and assets. We hold a variety of IPs alongside our PPR and have been and are planning to build out our equity portfolio (mainly ETF).

We have a good accountant and broker and are not looking for a financial planner to tell us what to invest in, but would love some advice to ensure that we are structuring things in the most efficient and compliant ways. Based in Melbourne so someone local would be preferred but also happy to do it remotely too.

 

It may involve two elements of advice
1. Legal eg trusts, company etc
2. Tax

Its often easier to commence with tax and then consider the legal aspects. There are various issues to consider and sometimes atrust work and other times it doesnt. Cost v benefits is a factor too.

 

Wouldn’t your accountant cover the structuring from a tax perspective? There’s a number of people on here that offer some good advice maybe try them. Terry seems good

 

I am licensed for law, tax and credit advice and specialise in ownership and loan structuring but have a long waiting list atm of about 4 weeks

 

Many people often overthink about structure or complexity and initial tax advice may assist to settle some issues. Certainly when a legal issue is evident then legal advice is a recommended must. Common to be asked this by a first buyer with no asset protection understanding (they think tenant will sue them or they can shelter assets from a future spouse) and their finance and other issues may mean structure is a longer term matter not initially. Employees have low asset protection risk when property is insured. Worst case they stuff up at work they are sacked. BUT a specialist / some professionals may have liabilities etc. When issues are evident we certainly refer and recommend legal advice.

Some of the initial concerns may also be credit related and single person will have few options for a first or inital property etc. The credit may sometimes drive more than anything.

Red flags for initial buyers needing legal advice can include
- Buying with third parties incl family (not spouse)
- Certain occupations eg medical specialists as sole traders, some professional advisers
- Guarantees
- Where business and other sisues may be factors for asset protection etc
- Intentions to develop or new build / hold and sell etc
- Business use property incl related / associate leases etc
- Related loans / onlending
- Matters like partitioning land with others.
- HOW a structure is implemented and the parties. eg Who...
- Duties and land tax complications eg Non-resident tax surcharges. Just foud a curly one yesterday. Victorian farm lands and trusts !! ... Legal advice said it requires bespoke drafting of deed. Conventional clauses wont fit.
etc

 

If you operate a business in a company and not as a sole trader, would you still say, as a general rule, to consider buying in a seperate entity structure

 

For 90% of cases yes. Or even 99%