spending 50k on car and equipment for new business legal/tax

Discussion in 'Business Accounting, Tax & Legal' started by Elives, 24th Jan, 2018.

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  1. Elives

    Elives Well-Known Member

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    Hi All,


    Im about to spend about 50k soon as i'll be going from employed to self employed the 50k will be spent on a work car and some equipment. i was originally going to just start purchasing stuff now in my name. But because i will have a company, Should i loan the 50k to begin with to the company and then purchase it through the company?

    is there any tax advantages / legal advantages? to doing it this way?


    Cheers, Elives
     
  2. Propertunity

    Propertunity Well-Known Member

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    Yes I’d do a director’s loan to your company (register for GST) so that way you can get GST refunded from purchases you make.
     
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  3. Elives

    Elives Well-Known Member

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    you don't get gst refunded if i purchase in my own name but for the business?
     
  4. DaveM

    DaveM Well-Known Member

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    I do my vehicle finance through the company, and finance the ex GST amount, pay the GST as deposit, then claim it back next BAS.

    If you are paying cash for it, then documented directors loan from yourself to company, company buys, claims GST, and also claims deductions for servicing, fuel, depreciation etc. Loan sits on the balance sheet as a liability.
     
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  5. Scott No Mates

    Scott No Mates Well-Known Member

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    Only an entity with a gst registration can claim the gst.
     
    Last edited: 24th Jan, 2018
    Elives likes this.
  6. Terry_w

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

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    The company should probably own the assets it uses to make money. If you are worried about asset protection perhaps a second company which leases to the trading company. but a car will drop in value so not much of a worry. You could lend the company money to start it off and take a charge over its assets if you wish.
     
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  7. Elives

    Elives Well-Known Member

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    so for tax the main pro is you get to claim the gst vs buying it in your personal name.
     
  8. Terry_w

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

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    you may not be able to claim any expenses of company assets if you buy them. It doesn't relate to your income.
     
  9. Elives

    Elives Well-Known Member

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    i'm confused. if i purchase in my own name but it's for the business (sole trader just starting out)

    i cannot claim the gst on the purchases?
     
  10. DaveM

    DaveM Well-Known Member

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    Only the GST registered entity can claim GST credits. So if you arent butyour company is, company needs to be the name on the invoice and registration etc.

    If you are a sole trader no company, you either register for GST or you dont and have no ability to claim GST credits.
     
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  11. Terry_w

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

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    If you are a sole trader operating a business and are registered for GST then yes.

    But are you?
     
  12. Elives

    Elives Well-Known Member

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    I'm currently employed full time in about 6 months i'm hoping to go out on my own. but need to start buying stuff now. so i'm ready in 6 months. if that makes sense.

    Cheers, Elives
     
  13. Terry_w

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

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    Well, you should decide on the entity now.
     
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  14. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I don't think I can think of a reason why you can't set up a company now, loan your personal money to it, and start buying stuff now

    You don't have to start the company on the day after you quit full time employment. You can do it now and prepare for the time when you will be working full time in your company.
     
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  15. Elives

    Elives Well-Known Member

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    for my industry i'd have to get another license just for the company which costs like 600-1200 p.a

    + the $300 p.a asic fee for the company


    just starting out i would prefer to just be sole trader and see how well i go. but i'm not sure on what to do. what is the amount of money per year you would make from business to then go the company road compared to staying sole trader? and if i was sole trader to begin with is there many issues starting a company 1-2 years later? with equipment already been purchased and what not.
     
  16. Elives

    Elives Well-Known Member

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    Hi Terry,


    if i had a company structure with a trustee as the director (idk if this is correct)

    could the profits then be given out to my sister (50% of profit) and my self (other 50% of profit) as beneficiaries of the family trust. but then in actual fact what happens is 50% of the profit is taxed on her personal tax rates. but the money never actually goes to her? or do i have to physically give her the money?

    i'm confused how the trust part of it works as you can tell.. haha

    Cheers, Elives
     
  17. Terry_w

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

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    A trust may be able to distribute income to beneficiaries. But if not paid out it is an unpaid present entitlement and is a debt to the sister. It should be paid or converted into a loan agreement.
     
  18. geoffw

    geoffw Moderator Staff Member

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    Regardless of the structure you use to pay- make sure that you really need to spend the money. Is a brand new car really worth it for business which may or may not succeed? And the equipment? Is there a way to hire things until you can work out whether the business is going to succeed?
     
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  19. Elives

    Elives Well-Known Member

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    i have 230k cash sitting in offset not being used and hasn't for about 1.5 years.
    i'm buying 2nd hand van. for 30k brand new are 45k
    and 15-20k on equipment so i can charge out a lot higher then most in my industry.



    im stuck on what structure to go with. is it ok if i just go with sole trader for first year to test water and then use company structure afterwards? will it all work out the same when it comes to depreciation of the 50k worth of business stuff?

    realistically i plan never to go back to being employed by someone i'm 25 and hate working for others.

    Cheers, Elives
     
  20. Elives

    Elives Well-Known Member

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    i thought people who used family trusts could just put the income from trust onto lower peoples taxable incomes for tax purposes with out the money changing hands so the main person kept the money but it was taxed at a lower rate. so long as it was family / spouse.


    is this 100% wrong? i don't really know when it comes to this but did read trust magic so idk.