（NSW）能用family/hybrid trust合理减少land tax吗？

铁板烧

听说land tax是按entity交的，那如果把投资房放在trust的名下，是否可以少交一点land tax呢？对以后的CGT会有什么影响？

还有，如果用hybrid trust，怎么把可扣税的费用留给trustee，把rental income分配给其他的beneficial，以达到扣税最大化的目的呢

[ 本帖最后由 铁板烧 于 2011-2-7 14:53 编辑 ]

leo727

You can not avoid land tax by own the property under family trust.  The authority will look into the structure and if the trustee or the beneficiary is the same perople, all the the property will be counted on this person then land tax will be calculated.

About your 2nd question, i guess what you mean is how to allocated the profit to minimise the tax.  Rent income - expenses = profit, then allocated this profit according to individual's income, Basic rule: give low income more distribution and high income less profit

Poweregg

原帖由 leo727 于 7/2/2011 19:40 发表
You can not avoid land tax by own the property under family trust.  The authority will look into the structure and if the trustee or the beneficiary is the same perople, all the the property will be c ...

don't think so
在trust下面，没有个人的免交额度，还是算在trust头上
在nsw个人有约40W landvalue的免税额度，不超过都不要交，另外自住场所也不要交
trust名下，是1.6%

[ 本帖最后由 Poweregg 于 2011-2-7 20:25 编辑 ]

xinxin119

no idea, i am vic :)

[ 本帖最后由 xinxin119 于 2011-2-7 22:37 编辑 ]

leo727

原帖由 Poweregg 于 2011-2-7 21:23 发表


don't think so
在trust下面，没有个人的免交额度，还是算在trust头上
在nsw个人有约40W landvalue的免税额度，不超过都不要交，另外自住场所也不要交
trust名下，是1.6%

what you said is generally right.

However, flat rate of 1.6% only apply to special trust which is (come from osr)" a trust where the trustee is the only person who meets the definition of ‘owner’ for land tax purposes, and the beneficiaries are not considered to be owners. If a trust does not meet one of the following trust definitions, it is a special trust. Examples of special trusts include most family trusts, discretionary trusts, some unit trusts* and some trusts created by a will. The land tax threshold does not apply to special trusts which are taxed at a flat rate for amounts up to the premium land tax threshold and then at the premium rate thereafter

The following trusts do receive the land tax threshold.

A fixed trust is a trust where the beneficiaries are considered to be owners of the land at the taxing date of midnight on 31 December prior to the tax year. This is because they are presently entitled to the income and capital of the trust and these entitlements cannot be varied by the trustee in any way. Fixed trusts include some unit trusts* and bare trusts.

A superannuation trust is a complying superannuation fund, a complying approved deposit fund or a pooled superannuation trust under Sections 42, 43 and 44 respectively of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth. If a superannuation trust is not a complying or pooled trust and is not a fixed trust, it is a special trust.

A trust created by a will is entitled to the threshold. However, if the trust is a testamentary discretionary trust, it will become a special trust 12 months after the date of death of the testator, or such further period as approved by the Chief Commissioner.

A family unit trust is a trust that held land at midnight on 31 December 2005 with a taxable value of $1,000,000 or less; the unit holders have fixed entitlement to income or capital; and 95 per cent or more of the units were family-owned. Certain criteria must be met to continue to qualify as a family unit trust.

A concessional trust is a trust where the land in the trust is held for the benefit of a person who is:

under 18 years of age, or

subject to a guardianship order under the Guardianship Act 1987; or

in the 'target group' under the Disability Services Act 1993 (NSW)

So if the trust is not a special trust, it will recevie the flat rate, otherwise, it will be assessed on the same standard as individual. what i try to explain is structure like trust or company can not avoid the liability to pay land tax. Underlining structure or owner is more important.