Trusts

Discussion

Our business accountants can assist with the establishment of a "standard" Discretionary (Family) Trust and/or a Unit Trust. 

 

In simple terms, a discretionary trust has flexibility in how it distributes income, whereas a Unit trust has less flexibility and is more fixed in how it must distribute income.  Units in a unit trust will are somewhat similar to shares in a company.

There are generally two main reasons our clients use trust structures:

1. Tax minimisation

2. Asset protection

Tax Minimisation

Trusts generally provide more favourable overall tax rates due to their ability to:

- Flow through capital gains.

- Distribute income to lower taxed entities/persons.

Asset Protection

In general, discretionary trusts (family trusts), provide better asset protection.  This is in comparison to holding the asset a persons own name, or in the name of a company (owned in a persons own name).  

However, trusts do not provide absolute and complete protection from all persons at all times.  Where asset protection is the main reason for establishing a trust, we suggest you speak directly with an experienced lawyer that regularly deals in trust matters.  If needed we can refer you to a trusted advisor.

If you have any questions regarding the annual compliance for your Unit or Discretionary Trust, or if you would like to discuss establishing a trust, please contact our office at your convenience.