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rh11

如题

[ 本帖最后由 rh11 于 2011-8-15 20:32 编辑 ]

xinxin119

换trustee 找律师。会计不能amend trust deed

JohnnySu

要换trustee很简单， 自己写一份minutes都可以。当然了去会计师那里会方便点他们都有现成的填个名就可以。要新旧trustees签字。

至于能否offset carried forward losses 这个问题。 要看这个c/f losses是revenue 还是capital loss. 如果是revenue loss 的话有一系列的tests 要通过才可以offset 以后的income. 还有family trust election 等的问题。

xinxin119

The appointor can remove or add trustee, not trustee himself. Speak to the solicitor who setup up the family trust for you. Also, you need to read the deed carefully. It may contain other issues if trustee is removed. The worst scenario, resettle the whole trust.

JohnnySu

Mate, for you info, for the trusts people set up to run their businesses, the appointor and the trustee is normally the same person so that the business owner can have full control. It is not like you are running a public trust like GMG some thing like that. Make sense?

jqyaya

请短我，朋友是会计，很不错。

xinxin119

原帖由 taxbreak 于 2011-4-19 17:11 发表
Mate, for you info, for the trusts people set up to run their businesses, the appointor and the trustee is normally the same person so that the business owner can have full control. It is not like you ...

again, do not assume client situation. It may be the father set up the trust for the daughter, and appointed the accountant as trustee to better manage the daughter's spending. Or it could be several unrelated people set up an unit trust to do a business e.g. property development. in those cases. the trustee may not be the same as appointor. I cannot see any relation between carry forward loss & removal of trustee (or i lack of knowledge in this area). Think carefully before providing any advice. An incorrect advise can cause massive consequence to people who rely on the free advice. Think about the real purpose of the trust, even a tiny small family business can have family issues, or a corporate trustee vs a family member appointor is still possible. People like to give free advice but dont like to bear any responsibilities.

JohnnySu

Enjoy your theories my friend.. but this is not whats happening out there. I work with these things every day so when the LZ asked, I replied. Dont make it a big deal.

xinxin119

原帖由 taxbreak 于 2011-4-20 15:31 发表
Enjoy your theories my friend.. but this is not whats happening out there. I work with these things every day so when the LZ asked, I replied. Dont make it a big deal.

Well...this is not theory, it actually happened all the time. If you work with all these things everyday and you still believe what abovementioned is only in theory, i shall tell you to go to work in a large firm to experience more. I think one possible reason that lZ change the trustee is to do a trust clone which I think it has been banned in the 2009 financial year sometime.. I cannot 100% sure about this and too lazy to have a look lol. I have no mean to offend you Taxbreak, your participation is always welcome. Please dont be aggressive to other people when they express a different opinion.

[ 本帖最后由 xinxin119 于 2011-4-20 23:56 编辑 ]

JohnnySu

Funny guy... relax.

xinxin119

hope you be a bit mature in the future

[ 本帖最后由 xinxin119 于 2011-4-28 09:54 编辑 ]

rh11

原帖由 xinxin119 于 2011-4-19 11:26 发表
The appointor can remove or add trustee, not trustee himself. Speak to the solicitor who setup up the family trust for you. Also, you need to read the deed carefully. It may contain other issues if tr ...

I have a question:

Can the appointor remove a trustee first
then add a trustee?

(so quite equal to change a trustee?)

Thank you

rh11

in my friend's case
turstee used to be a company (when set up)
then want to change the trustee to the appointor (person)
just avoid the ASIC fee as the company is currently not trading

I agree trustee can usually be the appointor, but depends on the business size, people may chose to have a company to be a trustee as the tax rate is flat 30% (only worth to do when personal tax bracket reached 30% I think)

rh11

原帖由 xinxin119 于 2011-4-19 20:49 发表



again, do not assume client situation. It may be the father set up the trust for the daughter, and appointed the accountant as trustee to better manage the daughter's spending. Or it could be sever ...

agree, it usually happened here when local kids got a super rich grandpapa and left the money in trust fund, can fully access after 21 or other conditions

rh11

I don't think trust itself can trade
usually trustee trade on behalf of trust
a trustee can be a person or a company

my understanding is trust has a TFN, not using trustee's TFN

rh11

谢谢大家的分享 我没把朋友的情况讲清楚
上面两位朋友不要吵啦 ：）
现在trustee已经改过来了
税还没退

rh11

税退完了
对会计很满意
的确是先换了trustee
人家已经有模板,很方便

然后lodge当年的税
因为当年没有什么交易记录 所以价钱很合理