Subdivision Project - CGT Question

Discussion in 'Accounting & Tax' started by smooth excellence, 19th Sep, 2016.

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  1. Terry_w

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

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    Trustee is the legal person. Trust is not an entity.

    Trustee has a duty to keep trust money separate. You should not put trust money in your own account.
     
  2. smooth excellence

    smooth excellence Well-Known Member

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    I get that, but specifically in the example of Company X as trustee for Unit Trust Y, what should be the:

    - name of the bank account?
    - name of any invoices/expenses/receipts generated?
     
  3. Terry_w

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

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    The trustee should be on title to all trust property and enter all contracts. Referring to the trust is not legally required.
     
  4. smooth excellence

    smooth excellence Well-Known Member

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    So say your conveyancing fees or civil engineering fees, they can be billed to either:

    - Company X or
    - Company X as trustee for Trust Y

    Is that the same as the bank account details, that the "name" of the bank account can be either:


    - Company X or
    - Company X as trustee for Trust Y

    (or is one preferrable over the other)?
     
  5. Terry_w

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

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    I dont do conveyancing.

    I answered this above.
     
  6. sanj

    sanj Well-Known Member Premium Member

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    You realise you've just asked the same question again right?
     
  7. smooth excellence

    smooth excellence Well-Known Member

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    I just wanted some clarification on who the invoice for things such as town planning, engineering, etc. should be made out to.

    From this

    It seems like the invoices can be made out to "Company X" and don't need to be made out to "Company X as trustee for Trust Y".

    But when talking about Terry's original answer, I'm confused as the contract to purchase the land needs to be made as "Company X as trustee for Trust Y"? So I'm not sure why for other contracts/invoices, stating Company X only is adequate and refferring to the trust not legally required.
     
  8. Terry_w

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

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    Comtract for land merely needs the trustees name
     
  9. Paul@PAS

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

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    One of the key issues for developer invoices will be an ABN and the name/s and addresses of the relevant parties. If its for $1k or more and there is no ABN the GST cant be claimed :)

    Tax invoice rules must be complied with.
     
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