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  1. Terry_w

    Help. Asset protection advice by tomorrow

    I would ask the accountant for an example of how it all works with some figures. There must be more too it.
  2. Terry_w

    Help. Asset protection advice by tomorrow

    Trusts are not taxed at 30%. If the trustee does not distribute then the tax will be more like 46%. There is still not expectation that any particular person will receive any money (if there was then no asset protection). There may be an expectation that the trustee would make a distribution...
  3. Terry_w

    Help. Asset protection advice by tomorrow

    Nope. Who owns the units?
  4. Terry_w

    Help. Asset protection advice by tomorrow

    A beneficiary under a discretionary trust has no guarantee of ever receiving income from that trust - even if you control the trust. This is because the discretion is with the trustee. Therefore interest on money borrowed and settled on the trust cannot be claimed by the borrower because...
  5. Terry_w

    Help. Asset protection advice by tomorrow

    Constructive trust is one where there may not be any formal trust in place but the court construes one to be there. eg. Husband buys house in wife's name. Husband pays deposit and pays the monthly loan. Wife doesn't contribute any funds. This would be a constructive trust with the wife...
  6. Terry_w

    Help. Asset protection advice by tomorrow

    Let me think this through. Hubby is borrowing 100% of purchase price to borrow what? To buy shares. The company then lends the money to a trust which pays cash to purchase a property. The shares would be income producing because? The trust would be paying interest to the company. This...
  7. Terry_w

    Help. Asset protection advice by tomorrow

    Asset protection is legal advice. He may have some knowledge if he is a registered liquidator/bankruptcy trustee as these guys attack assets all the time. But the average accountant wouldn't have a clue as they Ask him if he is familiar with the corporations act, bankruptcy act, succession...
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