Asset Protection Strategies.
Building and protecting your wealth takes effort and planning, but without the right strategies, your assets can be vulnerable. At Caubrooks, we specialise in asset protection to ensure your wealth is safe from unexpected legal claims. This involves employing legal methods to safeguard both your personal and business assets, such as setting up your business as a limited liability company, which minimises your personal risk for business debts.
For a comprehensive asset protection plan tailored to your specific financial circumstances and business operations, consider consulting with our experts at Caubrooks. We develop strategies to meet your needs, helping to shield your assets against high-risk situations and potential liabilities.
Contact us today to secure the future of your business and personal wealth. For more strategies for safeguarding your wealth visit out guide here.
Protect your Assets with Causbrooks.
Effective Asset Protection Strategies.
We specialise in creating personalised asset protection plans tailored to your unique financial situation and business needs. We focus on structuring your business and personal assets, such as your family home and business operations, to enhance security and minimise risks. Our team ensures your ownership structures, such as family trusts or private companies, are established to provide strong protection against potential liabilities, helping you maintain and grow your wealth securely.
Comprehensive Risk Management for Business Owners.
We focus on more than just legal advice when it comes to protecting your wealth. We help you manage the risks associated with owning and operating a business by advising on the best company structure. Whether it’s a limited liability company or a sole director setup, our goal is to safeguard your personal assets from business debts and shield you from personal liability.
Effective Succession and Transfer Planning.
We assist business owners in securing their legacy through legal asset transfer methods. We guide you in establishing a business structure that facilitates safe asset transfers. Our strategy ensures you pay the correct amount of tax, maintain control of your property ownership, and implement security measures. Our holistic approach helps protect your personal and business assets while aligning with your financial goals and business operations.
Protect your Assets with Causbrooks
At Causbrooks, we’re dedicated to helping businesses with their taxation and accounting needs. If you’d like to discuss your own situation, please complete the form below.
Our team of dedicated accountants is committed to providing the best possible experience for our clients, and we believe that our combination of longevity and experience in the industry and our commitment to embrace innovation and change make us uniquely qualified to do so.
Why Property Investors Should Consider Asset Protection Strategies to Avoid Risk.
Owning property can significantly boost your wealth but it can also expose you to potential risks if you don't have proper asset protection strategies in place. Properties, unlike more liquid assets such as stocks or cash, come with unavoidable costs such as stamp duty and legal fees, and can't be quickly sold or exchanged in urgent situations.
In Australia, property ownership is transparent through the 'Torrens Title' system, where each property is uniquely numbered and registered with the state’s land titles office, such as NSW Land Registry Services which you find here. This makes it easy for creditors to identify property owners and potentially target their equity during financial downturns. For instance, creditors can place caveats on property titles to secure debts, putting your investments at risk.
To mitigate these risks, consider forming a private company or family trust, establishing a limited liability structure, or keeping your business and personal assets separate.
These strategies can help protect your investments from legal and financial threats, ensuring your wealth and financial stability are preserved.
Basic Asset Protection for Personal and Business Security.
Enhancing your asset protection begins with understanding the additional layers of security you can add to your existing insurance and asset management plans. Here are some effective strategies you might consider.
Extended Liability Insurance.
Purchasing umbrella liability insurance from your home or auto insurance provider can help protect your assets. This type of insurance increases your protection against claims for personal injury. When selecting an umbrella policy, ensure it covers all potential claim types and matches at least your net worth, and if you anticipate receiving an inheritance, potentially more.
Managing Separate Accounts.
Rather than transferring assets from the high risk spouse to the other spouse's name—which is a common, albeit risky strategy that could backfire in the event of a divorce—it's safer to maintain separate accounts. This arrangement ensures your assets remain with you and your immediate family regardless of marital status. Similarly, if you must share a joint account with a business partner or another individual, one strategy to minimise risk is to keep the account balance as low as possible to minimise exposure to their potential legal or tax issues.
Forming a Business Entity.
If you are a small business owner or you own rental properties, establishing a formal business structure, such as a Proprietary Limited Company, is one way you can protect your assets. This not only separates your personal assets from your business assets, it also limits any legal claims to the assets held within the business entity itself, minimising the extent to which you are personally liable.
Setting Up an Asset Protection Trust.
Trusts are a longstanding method for protecting your assets. By transfering assets to a trust, you retain control without holding legal ownership, which can effectively shield your assets from being claimed in the event of lawsuits. This asset protection plan ensures your wealth is protected and remains under your management, without the risk of loss from legal judgments.
Protect your assets Today!
Types of Trusts for Effective Asset Protection.
Trusts are a highly effective entity structure in an asset protection plan because the legal ownership of assets is transferred to the trust, not held by the individual who may be personally liable. This arrangement means that the assets are shielded in the event of legal actions against the individual. The person managing the trust controls the trust, but does not directly own the assets, effectively protecting them from being claimed by creditors. This concept of using trusts for asset protection dates back to ancient Rome.
Here are some key types of trusts that offer varying levels of asset protection.
Discretionary Trusts or Family Trusts
A Discretionary Trust, otherwise known as a Family Trust, allows the trustee to decide how the trust’s assets are distributed among the beneficiaries. Primarily used to protect the assets of a family and plan for future generations, family trusts can also offer tax planning advantages.
Not only do they offer asset protection, they are also eligibile for the 50% Capital Gains Tax (CGT) General Discount, though they do not allow for tax offsets from negatively geared assets.
If you would like to set up a family trust today, visit out page here and we will be in touch shortly.
Unit Trusts
In a unit trust, the trust's assets are divided into units with specific ownership percentages, similar to shares in a company. This can be useful for joint investment ventures. To learn more about unit trusts, read our article Understanding Unit Trusts here.
Hybrid Trusts
Established through a will, testamentary trusts only come into effect upon death. They can be a strategic tool for managing estate duties and providing for minors.
Testamentary Trusts
Established through a will, testamentary trusts only come into effect upon death. They can be a strategic tool for managing estate duties and providing for minors.
Trust and Tax Obligations.
While trusts generally provide sound protection for assets, they are not without limitations. For instance, discretionary trusts do not provide tax credits for losses on negatively geared assets. Additionally, specific considerations regarding land tax apply, such as the absence of a land tax threshold in New South Wales and a relatively low threshold in Victoria. For more about understanding the land tax threshold in NSW, read our article here.
Strategies for Protecting Investment Properties and Assets.
If you currently hold investment properties or assets in your personal name or under a company, transitioning them to a trust can offer enhanced protection. However, this kind of asset protection plan can involve significant financial considerations.
Transferring assets to a trust typically requires selling them to the trust, which can incur notable expenses. First, if there are profits from the sale, you would be liable for tax on those gains. Additionally, transferring ownership of property involves paying stamp duty, which can be considerable.
Another aspect to consider is the refinancing of any existing debt. Since the legal ownership of the asset shifts to the trust, any debt secured against those assets may need to be refinanced. This process can be complex, particularly if the lending market is constrained, making it challenging to find favorable refinancing options.
If you would like to learn more about asset protection, and how a trust such as unit trust or discretionary trust may help you secure your assets, reach out to us today for a complimentary meeting.
FAQs.
About Causbrooks.
Causbrooks gives you a client manager supported by a team of knowledgeable accountants. We’re here to take the guesswork out of running your own business. Our accountants have much experience working with small business owners.
Get in touch with us to set up a consultation or use the contact form on this page to inquire whether our services are right for you.
Disclaimer.
Any advice contained in this document is general advice only and does not take into consideration the reader’s personal circumstances. Any reference to the reader’s actual circumstances is coincidental. To avoid making a decision not appropriate to you, the content should not be relied upon or act as a substitute for receiving financial advice suitable to your circumstances.
Contact us today for a consultation.
Contact us today to learn more about how our accounting services can benefit your business. We look forward to hearing from you and helping you achieve financial success!
