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  1. Terryw

    Trust Problems

    Units of a trust are property and if you go bankrupt will fall into the hands of your trustee in bankruptcy. For you to claim the interest personally the units must be owned by you personally. You could have your deed worded so that if you become insolvent the units will be redeemed by the...
  2. Terryw

    Trust Problems

    If the trust has no existing property, then it may not be much of an issue. But if you want to negative gear, why not just use your own name? A hybrid will provide little asset protection and lack tax flexibility. You will also find it much harder to find finance - so make sure you work this...
  3. Terryw

    Trust Problems

    Why turn it into a hybrid? This could cause a resettlement and new stamp duty on the deed (if they have it in WA) and on the transfer of all existing assets of the trust to a new trust. CGT too. So you need expert tax advice - try taxlawyer.com.au which is Brett Davies Lawyers in Perth.
  4. Terryw

    Trust Problems

    Yeah, it is a bit more difficult as different names. I hear the WA OSR people are very strict about names on contracts etc. I would probably try to get the contract rescinded and then re entered into. It may also be possible to nominate your company even though your name is on the contract...
  5. Terryw

    Trust Problems

    Who is the trustee? There is no need to write the trust name on the contract, although it is common practice. And I would advise you not to take legal advice from a conveyancer. See a lawyer.
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