To Fix or Not to Fix
Discover the key differences between “fixed”, “non-fixed”, and “special” unit trusts and their impact on tax and land tax benefits. […]
Acis, current as of: 28 July 2016.
You’ll notice that when applying to register a company, you must nominate a State or Territory in which it will be taken to be registered. The choice may have many implications, not least of which could be the applicability of that State’s laws to the company (e.g. duty laws).
At this point, you might be asking: isn’t the registration and operation of companies regulated by the Corporation Act, a Commonwealth law which does not distinguish between States (on most things)? And, yes, that’s true. This seems, however, to be a bit of a constitutional hangover from the days when each State and Territory had its own companies legislation.
The same is true for a company registration as establishing a trust and nominating the State laws under which it will operate. The decision on the State to specify it is entirely up to you.
Some considerations to take into account are:
Please call us on 1800 773 477 or email if you would like further insight or assistance in the choice of state for your company registrations.
Discover the key differences between “fixed”, “non-fixed”, and “special” unit trusts and their impact on tax and land tax benefits. […]
With ongoing industry attention, discretionary trusts have been central to discussions on risk management for trustees and advisors. Watch our webinar to ensure you stay updated on recent shifts and gain the necessary tools to maximise trust outcomes for your clients. […]
From 1 February 2024, increased duty is payable for discretionary trusts, SMSFs and LRBAs in New South Wales. […]