Operating Your Business as a Trust
Deciding on a business structure can be very confusing for business owners because there are a wide variety of business structures available, and many different benefits and disadvantages to be considered. The way to choose your business structure is to determine what the intentions of your business structure are, for both the short and the long term, and then to discuss the alternatives with a professional advisor. Professional advice should always be sought, to ensure you are making the best choice for your circumstances.
One popular, but confusing, type of business structure in Australia is a trust. A trust differs from the other forms of business structure in that the trust is not a legal entity. A trust refers to the relationship between a trustee and a beneficiary – where the trustee operates the business on behalf of the beneficiaries. Two important advantages of a trust are its ability to minimise tax and its ability to offer a certain level of asset protection.
For example, ownership of the business by a corporate trustee limits liability in relation to the business, protecting the assets belonging to the trust if the business or any individual in the business, encounters financial difficulties.
In relation to tax, by using a trust as your business structure, businesses can minimise their tax by nominating which beneficiaries will receive proceeds at the end of each financial year, directing the proceeds towards the members with the lowest incomes, who will pay the least amount of tax.
In situations where all the beneficiaries of a trust have significant taxable income in the current financial year, it may be possible to include a corporate beneficiary. In this case, the corporate beneficiary can receive the proceeds, and these will be taxed at the company tax rate of 30%, rather than the marginal tax rate that the other beneficiaries might be charged at (which means a potential saving of 15% on your tax bills).
Latest News
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2012 FEDERAL BUDGET IMPACT – FOR MANAGED INVESTMENT TRUSTS
In an unexpected move, the Federal Government has announced in its 2012 Budget that the managed investment trust ("MIT") withholding tax rate would be increased from 7.5% to 15% ... -
New Fund Launch – KPI Global Fund
28 March 2012 – One Investment Group is pleased to announce the launch of the KPI Global Fund. -
New Fund Launch – Benlee Property Trust No 5
28 March 2012 – One Investment Group is pleased to announce the launch of the Benlee Property Trust No 5. -
ATO Draft Ruling – The Meaning of Income for Trust Tax Law purposes
On 28 March 2012, the ATO released draft tax ruling, TR 2012/D1, outlining the ATO’s view on the meaning of ‘income’ for trust tax purposes. The draft ruling ... -
FoFA Bills passed by the House of Representatives
On 22 March 2012, the progress of the FoFA legislation continued when two bills were passed in the House of Representatives. A number of provisions ...

