Structure Advice Needed

I would like to get some general advice on structure in relation to property and business before I venture out to meet the professionals.

This is my situation:

1. Me = Sole trader with two types of businesses. One is my own and other is helping my husband.

2. Husband = sole trader with one type of business.

3. My parents, recently retired and do not have any income apart from the super fund. Hence their tax free threshold can be used.

4. My sister= unemployed from grave illness. Currently on centrelink disability pension. If she returns to work, then she will earn approx 100K p.a.

The business that my husband and I is really picking up and we expect to see growth in the future. This also increases our risk of being sued and amount of tax we have to pay in the future as well. When we started the business, we were only making about $45K, living rent free at my folk's place, so we ran the business as two sole traders.

Now I think time has come for us to think about liability, asset protection and tax minimisation because we have saved up $50K and we are nearly making $100K p.a. combined. We spend about $18K on living expenses p.a and apart from that everything else gets saved. Right now, $50 K is sitting in my parents' account, (my way of asset protection, so that people are deterred from suing me because I don't own anything) and I can get this money any time I want.

What I would like to do is to buy a PPOR next year worth between $400-550K and structure our business so that we as persons are protected and our assets are protected. And if possible, take advantage of my family's situation, namely my parents' tax free threshold.

Apart from $50K I will get $100K from my parents and my husband will get $60K from his parents when we request it. We have advised them not to give it to us when we married 3 year ago, because we were planning to run our businesses as sole traders. So we will have at least $110K for deposit by the time we decide to purchase. I think we are more likely to have about $150K buy end of this year, though. We have tax statements in the past few years stating that our individual income is about $30-50K each. So hopefully we will be able to borrow about $300K from the bank by the end of the year.

From what I have read so far, I should create a family discretionary trust with a company trustee for our business and buy PPOR in our joint names.

In this circumstance, what things should I consider before seeking professional advice, and what other structure options are there for me?

I would like to have the structure issue sorted before I purchase my PPOR.
 
Business in a discretionary trust structure is the most common. As for your PPOR, having it in joint names means both of you have assets if you are sued. Usually having it in the non-business spouse is best but this may not apply in your case since both of you are in the business. Perhaps if you set up a business structure only have one of you as the director of the trustee company to limit the liability, and have the other spouse owning the property.
 
Sounds like you need some legal advice.

Many things to consider,

Including on the change of the business
stamp duty and CGT- whether will apply or not
clawback provisions under bankruptcy act
business succession plan
business structure itself and set up of it
centrelink rules

For the new purchase of the PPOR
JT/TIC/Single name?
Asset protection issues of above
funding the purchase - asset protection strategies
borrowing from lenders


In general,
Effects on social security payments for your sister and parents
how to receive the gifts
gifts or loans
succession issues
plan for incapacity
plan for future borrowings

etc
 
Thanks Terry and Aaron C

My parents are not eligible for Centrelink payments. Probably for the next 40 years to come because their asset base is not reducing but increasing.

My sister has to get her disability assessed every 6 months, and is likely to get back to work once she is deemed fit. So I don't mind if she's included or not.

I probably need to think about having one director for the trustee company, which was something that went through my mind but never really related to asset protection issues.

In relation to PPOR purchase, I wanted to buy in joint tenants but now I have to consider HIM being the sole director of the trustee company and me owning 99% of the house.

Whether the business has CGT or stamp duty issues is something which I don't know much about. The major asset of the business is 2 cars. There will be no goodwill in the business. Other assets are consumables like a computer and desk etc.

Funding for the next purchase is something which I have not thought about. Ideally after the purchase of PPOR, we would like to buy something every couple of years or as our serviceability allows. So I would like to know what I need to think about in terms of structure if we want to buy more property in the future. Apart from our PPOR, we would like to buy something with slight renovating potential. Initially we will rent it out until we save 20-30K and renovate and then sell or hold depending on the market at that time.

From the nature of our businesses we would only like to expand the business until we hit 150-200K p.a. Beyond that it will involve employing people, and when we tried it briefly for 1 month, the amount of headache it created was not worth the extra money we could generate. Employing people meant paying workers' compensation and superannuation and this meant that for each employee we had we would make about $100 per day but 1-2 hours more in terms of managing the people and putting quality control in place.

So what are more things I need to think about before I see a lawyer/accountant?
 
In relation to PPOR purchase, I wanted to buy in joint tenants but now I have to consider HIM being the sole director of the trustee company and me owning 99% of the house.

What is your thinking in husband owning 1%. This is destroys borrowing capacity and doesn't really give any benefit to anyone, other than it stops you selling/mortgaging the house without his permission.

You have to think of where the deposit for this property will come from too - from an asset protection perspective.

You also need to consider if your husband does go bankrupt how your house could still be attacked.

For the investment structure you should also consider:
land tax
ability to pass control without stamp duty
ability to borrow to pay for private expenses and have the interest deductible
ability to transfer to a SMSF later on
ability to negative gear against your personal income (probably not so important to self employed).
 
I am not a lawyer but couldn't you wind your business up say 30 June and start trading 1 July in your new structure?

Would you consider buying your property in a trust?

If you want to PM me, I will give you the name of a lawyer who can answer your questions and do this for you.
 
I am not a lawyer but couldn't you wind your business up say 30 June and start trading 1 July in your new structure?

Would you consider buying your property in a trust?

If you want to PM me, I will give you the name of a lawyer who can answer your questions and do this for you.

If I can get everything set up then I will like to do it this July but I am thinking that it may take time as paper work always takes time.

If you can PM me the details of a lawyer it would be great.
 
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