When an investment company can be better than a family trust

have traditionally been the go-to investment vehicle of families building investment wealth. They are attractive because of the flexibility trustees have to distribute income to a range of beneficiaries.

Various governments and the Australian Taxation Office have tightened the way in which family trusts operate.of the Income Tax Assessment Act demonstrate that broadly it expects, when a distribution is declared to a beneficiary, there will effectively be a payment to that beneficiary. However, the flexibility of dividends can be built in when establishing the company by issuing, in addition to ordinary shares, special shares that have no rights other than to be able to receive dividends. These can be held by various family members in such a way that dividends can be declared at any time on any of the shares held, including the ordinary shares.One benefit of companies over family trusts is that if dividends are declared, they don’t have to be paid.

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