With a fully Discretionary Trust, a beneficiary does not own, or have an interest in, the property held in the trust. They merely have a right to be considered when the trustee decides to make a distribution from the trust. Control of a Trust does not mean ownership of Trust assets. Australian Courts have consistently confirmed this principle.
Not all Trust Deeds can achieve the necessary level of Asset Protection and Flexibility needed. The provisions included in the Trust Deed have a significant impact on the outcome.
Two copies of the Deed are provided with relevant resolutions (unless otherwise specified) which will need to be executed and when applicable, deeds forwarded to the Office of State Revenue for assessment of stamp duty.
HYBRID UNIT TRUST
The Hybrid Unit Trust we provide combines the flexibility benefits of a fully Discretionary Trust with the commercial advantages of a Unit Trust to create a structure that provides:
- Proportionate ownership
- Commercial flexibility
- Income streaming and taxation flexibility; and
- Asset protection
Two copies of the Deed are provided with relevant resolutions, registers and certificates (unless otherwise specified) which will need to be executed and when applicable, deeds forwarded to the Office of State Revenue for assessment of stamp duty.
Our Unit Trust Deed is not just a standard unit trust. It provides specific benefits, including:
- Specifically addresses the difference between trust law income and accounting law income (Zeta Force Pty Ltd v FCT 98 ATC 4681)
- A significant individual can be established for the purposes of the Small Business CGT relief where the units are owned by discretionary trusts or companies (Section 152-55(3))
- Powers for the Trustee to redeem units
- Specific power to issue units with specifically tailored rights attaching
- Limitation of liability of Unitholders – not liable for debts of the Trustee (Trevisan & Anor v FCT 91 ATC 4416)
SELF MANAGED SUPERANNUATION FUND
The Self-Managed Superannuation Fund Deed has been specifically formulated to meet a range of client needs. The benefits include taxation advantages, asset protection and most importantly, the flexibility to facilitate all available strategies to maximise the clients’ superannuation investment.
Some Benefits of this particular deed include:
- In specie non-cash contributions can be made.
- Spouse contributions can be made.
- Government Co Contributions can be made
- Allows Child Contributions
- Member benefits can be rolled over in specie.
- Members can choose from a wide range of pensions including Market Linked Pensions (or Term Allocated Pensions)
- Sub-funds to take full advantage of pension exemptions.
- Investments can be allocated to particular members.
- Payment splits under family law settlements.
- Asset protection can be provided for the amounts in excess of the pension RBL.
- Binding death benefit nominations are provided.
- Excess insurance proceeds can be paid to the reserve account to benefit other members.
- Benefits from the reserve account can flow to members’ accounts without activating a surcharge.
- The Deed will be automatically updated with changes in the law, provided the fund is complying.
Two copies of the Deed are provided with relevant consents, resolutions of trustees, applications for members and notices to members joining the fund (unless otherwise specified) which will need to be executed and when applicable, deeds forwarded to the Office of State Revenue for assessment of stamp duty.
TO DOWNLOAD OUR ORDER FORMS PLEASE GO TO THE FORMS PAGE
Trusts are prepared by Cleary Hoare Solicitors.
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