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Integrity, Innovation & Commitment
Running a Business in a Trust

Running a Business in a Trust

  • Saturday, 08 October 2016 13:53

Trusts are widely used for investment and business purposes.

Main features of a trust business structure

  • a trust must have its own TFN for lodging its annual tax return and must show all income and deductions of the business, plus any distributions to its beneficiaries; 
  • a trust must have its own ABN;
  • a trust must be registered for GST if annual turnover is $75,000 or more ($150,000 for non-profit organisations);
  • a trust may be liable to pay tax depending on the wording of its deed and whether any income the trust earns is distributed to its beneficiaries;
  • the trust may be able to access tax concessions;
  • beneficiaries of the trust may be liable to make Pay As You Go (PAYG) instalments on distributions they receive from the trust; and
  • the trust must pay super for any of its employees (this may include the trustee if they are also employed by the trust).

Advantages of using a trust

  • asset protection;
  • asset management;
  • ability to split income; and
  • capital gains discount flow-through.

Disadvantages of using a trust

  • more expensive;
  • complex regulations;
  • profits can’t be retained without higher rate of tax; and
  • losses cannot be distributed.

Examples of non-compliance

  • claiming costs of improving asset as an expense; 
  • disposing of assets and not declaring revenue or capital gains; 
  • claiming input tax credits on purchase of asset or asset expenses;
  • purchasing an asset through a business and not recognising fringe benefit liabilities that arise from the use of it;
  • generating losses with the asset and pushing other income into the trust; and
  • using business assets for person enjoyment of an associate or employee with FBT implications.

 

Let us advise you with your accounting and taxation needs!