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Trust Establishment 4

Why should I establish a Trust?

A Trust is a great investment vehicle as it allows the Trustee to stream/distribute the net income to beneficiaries. You can also use a bucket company to cap the tax on the trust, making it an even more effective way of managing your finances.

You can also use a Trust to help protect your assets. To do this, you should use a corporate Trustee company setup instead of individual Trustees. This limits the risk of the Trust to the company and provides a layer of protection to the individual’s personal assets.

To establish a Trust, you will require the following items and their associated costs.  Stamp Duty for Trusts also varies between each state.

Why POP Business?

Our Chartered Accountants are experts at establishing Trusts and providing the advice you need to make informed decisions on the right structure to use. Whether you’re looking to establish a family trust, unit trust or hybrid trust, with POP you can be sure you’ll set up correctly and be aware of all your tax obligations with the ATO.

We are experts in tax minimisation and Trust tax returns, so get in touch to get it done right with:

Trust Establishment 6

Australian businesses that love our services include:

What Our Customers Say

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"The team at POP Business have been amazing for Sprintlaw. We have received high-impact and high-quality strategic counsel and tax accounting service from them. They represent truly modern-day accountancy at its finest."

"POP Business was the perfect accounting partner for Quicka when it came to finding an accounting firm. As a new and growing business, they took the time to really understand our business model. Highly recommend them for new and growing businesses."
"Professional, knowledgeable and friendly accountants, who take the stress out of finances and tax. I highly recommend using POP Business for a seamless experience."

"I found POP Business to be extremely helpful providing technical tax advice. They went above and beyond in every situation to ensure I had a smooth experience. I cannot recommend them more."

"As a small business owner I'm constantly managing my cash flow and looking to find value in any service I take up. I found POP Business online and found their pricing to be affordable with great service. Very happy with the team at POP."

Using POP Business has been incredible for my own business. Their team has been so helpful and understanding. I couldn’t recommend them more as an accounting partner for any new and growing business."

Free up your time with POP Business

Our qualified accountants will give you the right advice about how to structure your trust to most effectively manage your taxable income and protect your assets.  Our Chartered Accountants are experts at establishing and maintaining family, unit and hybrid trusts for individuals and businesses.

Whatever your tax needs, our team of experienced POP Business Accountants have got you covered.

Perhaps your small business is behind on your annual tax obligations?

Maybe you’d like to know if there’s other smart ways you can minimise your tax?

Or, it could be you’re looking for expert advice on how to growth-hack your business.

Good news. POP Business are the pros at all three. Tax shouldn’t have to be so… well, taxing. Drop us a line and you’ll never look back.

James Pham
Senior Accountant
Sidney Cachuela
Business Consultant
Patrick Sargent
Chartered Accountant
chartered accountants

Trust Establishment FAQs

A trust is a legal relationship between an entity (person, company, etc) who holds the property assets for and on behalf of another entity (person or company, etc), known as a beneficiary. The relationship between the parties is governed by a document known as a trust deed. Whilst a trust is not a separate legal entity, it still must lodge an income tax return and be registered for tax.

A trust can operate an active business or it can also hold investments such as investment properties, shares and cryptocurrencies.

Establishing a trust brings huge benefits:

  • It can help pass and preserve wealth efficiently and privately.
  • It can help reduce estate taxes
  • It helps gain control over distribution of your assets and income

A trust fund is the assets that a trustee holds on behalf of a beneficiary.  These assets can include cash, shares, property cryptocurrency and more.

These assets can be held in different types of trusts such as a discretionary family trust, unit trust or hybrid trust, each with its own benefits and methods of distributing assets.

  • The trust provides asset protection for the beneficiaries.
  • If the trust is set up correctly, the trust can limit the liability or risk of the beneficiaries who operate the business in the trust. 
  • That is, the trusts can potentially separate the control of an asset from the owner of the asset and can therefore protect the income or assets of the beneficiaries in the family group.
  • A discretionary or non-fixed trust can provide the flexibility to distribute the income and capital of the trust in the most tax effective manner for the beneficiaries. This is due to the fact that once the income or capital is distributed to the beneficiaries, they are then liable to pay tax on that particular income at their own individual marginal rates. 
  • Beneficiaries of the trusts are generally not liable for the debts of the trust. 
  • The trust can operate a business and be used in an active manner or it can be used for investment purposes and hold assets. 
  • The ultimate owners or beneficiaries of the trust are protected from disclosure in any case where the legal owners are required to be noted in legal documentation.


Australia recognizes the following different types of trusts:

  • Family trust: Family trusts are relatively easy to set up and give trustees the discretion to decide who receives distributions, and how often payouts occur.
  • Unit trust: Unit trust divides the trust property into units. Each beneficiary owns a given number of those units, and at the end of each year, he or she receives a distribution from the trust, based on the number of units held. 
  • Hybrid trust: Hybrid trust combines characteristics of both Family and Unit Trusts, whereby the trustee has the right to distribute trust income and capital among beneficiaries – like Family Trusts. However the income and capital is proportionally distributed – like Unit Trusts, based on the number of units each beneficiary holds.

Yes, you can use a trust to distribute your wealth to other family members or beneficiaries. 

However, as of February 2022, the ATO has implemented new rulings (Taxpayer Alert TA 2022/1) affecting distributions to adult children. In some cases, the tax rate for these distributions may be 47% rather than their individual marginal tax rate. Due to these changes, it is best to seek professional tax advice to ensure you are aware of the tax obligations for your trust.

Setting up a family trust is ideal for families with private businesses and other income-generating operations. Follow the steps below to set up a family trust:

  1. Decide upon original trust assests
  2. Appoint trustee(s)
  3. Determine Beneficiaries
  4. Draft Trust Deed
  5. Stamping
  6. Register as a Business
  7. Open a Bank Account
  8. Commence Trust Activity

The team at POP Business can complete this for you from $2,000 plus GST. Deed stamping costs are separate and vary depending on the state or territory you establish your trust in.

You can get started by simply filling out the enquiry form on this page.

You can also email [email protected]

The turnaround time will usually be within 4 weeks, however faster times are available.

We communicate through email and phone mostly. 

You can provide user access to your online accounting software so we can get the required business transactions for the tax lodgement.

Yes. You can find POP Business’s office smack-bang in the heart of Surry Hills, in Sydney. Level 1, 285A Crown St, Surry Hills NSW 2010 (open in Google Maps).