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The right business structure & funding

Discussion in 'Accounting, Tax & Legal' started by jabba_jones, 28th Apr, 2014.

  1. jabba_jones

    jabba_jones Well-Known Member

    2nd Dec, 2007
    Current Situation I have two properties: PPOR & an Investment Property. Free Equity ~ $400k (@ 80% LVR) in PPOR.

    Both myself and partner have decent full time jobs.

    Looking to start a business venture with a $100k LOC as seed capital. A second LOC for ~100k for share/loan investments and cash flow purposes (Partner taking time off to have a child, reduced hours for me while starting business). Both LOC's secured against PPOR.

    Our reduced incomes will service our lifestyle (personal expenses).

    The second LOC to be used to finance current investment property expenses as well as to purchase further investments.


    Has anyone had a successful private ruling on Part IVA for capitalisation of investment interest in LOC's in a similar situation to above?

    Has anyone had experience with Bantacs and private ruling templates such as:

    Can anyone recommend an accountant / planner based in Sydney that is familiar with PBR's and also Trusts?

    For the business venture I was thinking the following structure and appreciate any feedback:

    I have an existing company (DEF) which has been used in the past for consultancy work, but not currently used.

    Trading Company ABC.
    Unit Trust XYZ with Corporate Trustee (DEF) owning ABC 100%
    Hybrid Discretionary Trust (HDT) with a Corporate Trustee (DEF) owning Trust XYZ 100%

    All business IP will be owned by Unit Trust XYZ and protected
    Unit Trust XYZ can issue additional units to future investors
    HDT allows me to be tax efficient with future income and other investments


    How do I lend the money to the company so that it is a personal tax deduction for myself but the sole shareholder of the trading company is the trusts chained?

    Thanks in advance,

  2. Terryw

    Terryw Well-Known Member

    9th Jun, 2006
    I am a Sydney based solicitor specialising in trusts and also a mortgage broker and CTA.

    If you are capitalising interest for cashflow reasons you will have a good case for Part IVA not applying. But your business will be a separate entity and you will probably be lending the money to that entity under a loan agreement.

    Don't assume IP will be protected in a unit trust. It may partially be protected from the trading company creditors, but this will depend. No protection if the unit holders become insolvent.

    You will need licence agreements and maybe PPSA agreements depending on what the company will do.

    YOu cannot claim a deduction on the interest to the company unless you are making an income from it.