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Piggy says: "What is a Service Trust?"

Updated: Jul 20, 2023

In Australia, a service trust refers to a legal structure that is commonly used by professionals, such as doctors, lawyers, accountants, and consultants, to provide their services. It is a type of discretionary trust, where the trustee has the discretion to distribute income and assets to the beneficiaries.

The service trust is set up with the purpose of providing professional services to clients. The trustee, who is usually the professional themselves or their business entity, holds the assets and income of the trust on behalf of the beneficiaries, who are typically the clients.

One of the main advantages of a service trust is that it allows professionals to separate their personal assets from their business assets, providing a level of asset protection. This means that if the professional faces any legal or financial liabilities, their personal assets are protected from being used to satisfy those obligations.

Another benefit of a service trust is that it can provide tax advantages. By distributing income to beneficiaries who are on lower tax brackets, the overall tax liability can be minimized.

Additionally, certain expenses related to the provision of professional services can be deducted from the trust's income, reducing the taxable income.

However, it is important to note that setting up and managing a service trust requires careful consideration and adherence to legal and tax requirements.

Professionals should seek advice from qualified professionals, such as lawyers and accountants, to ensure compliance with all relevant laws and regulations.

Overall, a service trust in Australia is a legal structure that professionals can utilize to provide their services while enjoying asset protection and potential tax benefits. It is a popular choice among professionals looking to structure their businesses in a way that aligns with their specific needs and goals.

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