Hi guys,
Over a number of years the company deducted a % of my gross income to pay for the shares which were bought in 6-monthly batches. They're held in a US E-Trade account (set up by the company) so I've never actually moved money in/out, or transacted with the account.
Now I'd like to sell some of those shares to buy/sell other US shares.
What's the best 'structure' (personal/trust/company) to use for this?
Since I'm not bringing any money back to Oz, any idea on the tax-implications (US and Australia)?
What happens if I do want to bring the money back?
Is the E-Trade account in your name or in your employer's name? If in your name, then I don't think you have any choice with regards to the structure to use to sell these shares. So personal is the answer regarding those sales (transfering to a company first before selling would trigger a CGT event, so there is no difference between that and selling directly).
If you intend to actively trade US shares, I would suggest you open an account with a US brokerage. I use Ameritrade which I find excellent. If the E-Trade account is in your name (US E-Trade not Australian E Trade), then you could also use that to trade. I pay $US9.99 for each Ameritrade trade and would think E-trade is similar. I think Commsec is $100. Also, with Ameritrade and US E-Trade your trades are executed immediately. I'm not sure that Australian brokers can do that.
Regarding tax implications. You pay CGT on any capital gains, exactly as if they were Australian shares. It doesn't matter if the money is repatriated to Australia or not, although I think a forex/gain or loss may have to be declared (separate item to CGT) for the time you get the proceeds in cash and repatriate the proceeds. 50% discount applies if held for 1 year + etc. For calculating CGT gain/loss, you translate using the exchange rates at the purchase and sale dates (available from the ATO website). This can introduce anomolies that may or may not work against you. For example, you may incur a loss in US dollars, but when translated to AUD at the different exchange rates for buy and sell dates, it may actually be a gain in Australian dollars, hence you will be taxed.
The tax structure to use for ongoing trading (as opposed to just selling these employee shares that are already in your name) have the same advantages and disadvantages as for trading australian shares. Also, remember if you trade a lot, you (or your trust/company) may be treated as a trader rather than an investor by the tax office, which has other implications (no cgt, thus no cgt discount, can right off losses against other income within same year for that structure you use, +more).