API Finance Calculators

Wednesday, September 2, 2009

more abt Trust

A good trust deed should be able to be amended so the trust can continue after 80 years. Appointership and the shares of the corporate trustee needs to be passed onto the next generation in the will.

family court sees through structure, so you need to shift the interest of the trust to your children instead of yourself, and that would carry some weight.

Piggy bank trust owns all the shares of the corporate trustees. It owns nothing but shares, not property, not business, not equipment. Therefore that's the only trust can have a personal trustee.

not every benefitiary needs to be named in the trust deed. If they are, then bank require them to sign the documents when you borrow!

set up a testimontory trust within the will to quarantine the benefit of the children, children will then have tax free threshold just like an adult. It's very important to think who can be the trustee of the trust when there is minor children involved, as the trustee has all the power and can flitter all the assets away.

If trust is not doing anything, you don't need to lodge anything, so no ongoing cost if inactive.

buying more properties in trust cost more in land tax as they have a lower threshold. When the entities are grouped, only the entity that owns the property pays the land tax. If a corporate trustee owns a few different trust, each trust pays their own land tax

Appointership is a job not an asset, so it cannot be taken away from the bankrupt - a court judgement when the other side try to take over the bankrupt's appointership of a trust.

Gifting of assets to trust:

If you borrow money from family home and gift the mone to trust for purchasing investment property, you forgo the right to claim interest deduction. In the event of bankrupcy, they can clay back the gifting up to 4 years ago.

It's better to have a signed and witnessed Deed of Gift to record the gifting. Sometimes you can have a blanket deed to cover continuous gifting

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