Set Up a trust, Find Out How

EVERYTHING YOU NEED TO KNOW ABOUT SETTING UP A FAMILY TRUST IN AUSTRALIA


“business entities can restructure their business including by moving assets into, or out of, a trust, company, partnership, or a combination, without adverse capital gains tax consequences. “

Australian Taxation Office


Why Set Up A Family Trust?


Minimise Tax

A business or investments owned by a family trust can split the annual profit or capital made among family members.  This allows lower income earning members of the family to absorb income that would otherwise bump you into a higher tax bracket, and saving you thousands of dollars in tax.

Flexibility and Choice

One of the most effective means of saving thousands in tax, is ensuring you have as many options available to you each and every year.  Family Trusts provide this flexibility. Who receives the Trust’s profit in any one year is totally at the discretion of the Trust’s Trustee.  Importantly, no beneficiary has the right to demand a distribution from the trust.


Asset Management:

In the event you are unable to manage the assets held in your trust, the trustee would ensure proper distribution and management of your assets. This can be essential if the beneficiaries of the trust are minors or unable to manage assets for themselves.

Setting up a family trust can help to protect your assets and the interest of your family members. A trust can be an important tool in avoiding future litigation and ensuring your assets are allocated in the way that you wish.

Privacy

A trust agreement is private.  This means that information that would otherwise become public, such as the value of your assets and how they will be distributed, the trust agreement will keep such information confidential. 

What It Is:

Trustee:

The trustee can be either an individual or a company and manages the trust on a day to day basis, including the distribution of assets and the annual profit

The Beneficiary:

The individuals that have the right to the assets held within the trust. This is dependant on the terms of the trust deed that will be agreed upon in the initial stages of establishing the trust.

The Settlor:
Initiates and executes the trust based on the terms laid out in the trust deed. Also gives the assets to the trustee to hold for the beneficiaries.

Vesting:

The date that is determined as the conclusion of the trust. This can be a lifetime, or set up to benefit minors when they reach the age for higher education or adulthood, for example.

How To Set Up A Family Trust


Talk to the experts at Mora Wealth Accountants. We specialise in Asset Protection and Company Structure. We will advise you on the structure most suitable for your situation.

Mora Wealth Accountants consult with you, our client, to prepare the trust deed, including any terms and conditions on how the trust will be managed over time.

We sit down with our clients to establish the beneficiaries of the trust based on income, circumstances and existing assets.

In the event that income remains undistributed, it is taxed at the highest marginal tax rate. This acts as an incentive to distribute the income prior to the end of financial year (eofy). This is where having an established trust, and asset protection strategy comes in handy.

It’s our job to know where the distributions should go and what beneficiaries are appointed—ensuring you don’t receive any unforeseen penalty tax rates on your accumulated wealth.

There are several factors indicating the appropriate appointment and this will be a part of the broader tax planning and asset protection strategies that Mora Wealth Accountants set up for you.

Don’t Wait!

These appointments need to be set up in advance, as trustees need to document the resolution of trustees prior to the end of financial year.

How much does it cost to set up a trust Australia?

There are many internet bandits that allow low cost options—but be warned! They lack the offer of professional consultation. You could potentially miss out on the many true benefits of setting up a trust if you are not sufficiently advised.

If you are appointing a company as trustee, we will wrap this up in our initial quote when restructuring your company. 

No hidden fees!

Some Things To Consider

  • Do you have a mortgage?
  • How much do you earn?
  • How many family members are applicable, and what is each individual’s annual income?
  • Will savings break even with the cost of setting up a trust in the first year?

Working With Mora Wealth


At Mora Wealth, our business accountant team uses companies and trusts, superannuation funds, special service or asset holding trusts, with licence agreements, to secure your wealth. Our mission is to provide you with a full range of services, whether its tax planning or business tax returns, business and personal asset protection, proper business structuring in order to help you increase your take-home revenue and protect your existing wealth.


Scroll to Top