Terryw replied to the topic Be VERY careful who you listen to for advice on structuring/tax. in the forum Finance 11 years, 4 months ago
its rare to be audited.
Terryw replied to the topic Tasmania – Setting up structure – Need Accountant/advisor/mentor in the forum Legal & Accounting 11 years, 4 months ago
Trusts and structures are legal matters so you need legal advice. Accountants can only give the tax advice part.
There is a well known structuring lawyer in Tas called Peter Worrall – not sure if spelling correct but a google should assist.
Terryw replied to the topic Lease Option Agreements in the forum Legal & Accounting 11 years, 4 months ago
It is just a lease with an option to purchase and a contract of sale. Most property lawyers could do this, but try Lewis O’Brien who is a Vic lawyer experienced in vendor finance type deals.
Terryw replied to the topic Building & selling on land you do not own in the forum Legal & Accounting 11 years, 4 months ago
Yes it is possible.
Terryw replied to the topic Be VERY careful who you listen to for advice on structuring/tax. in the forum Finance 11 years, 4 months ago
Very rare Colin.
Terryw replied to the topic Be VERY careful who you listen to for advice on structuring/tax. in the forum Finance 11 years, 4 months ago
At least they can blame the accountant when things go wrong. however I think with most things are going wrong, but they don’t realise it and won’t realise it until they change accountants or get audited.
And went I say blame the accountant I mean the person signing the tax return is still reponsible but they may be able to sue the accountant…[Read more]Terryw replied to the topic Be VERY careful who you listen to for advice on structuring/tax. in the forum Finance 11 years, 4 months ago
When getting advice like this try to get it in writing so you can later use this as evidence for suing the bastards later.
Benny, you could make a claim against that accountant pretty easy..
Terryw replied to the topic Family fallout – it's become very messy. Forced to sell,,, in the forum Legal & Accounting 11 years, 4 months ago
Very messy.
If one party stops paying the other joint borrowers will have to take up the slack or they could lose the lot.
Either joint owner could apply to the Supreme Court to appoint a trustee to take over and sell and split the proceeds. This is likely to cost $20k plus if all goes smoothly.
Good summary by Catalyst – let this be lesson…[Read more]
Terryw replied to the topic Townhouse development finance needed in the forum Finance 11 years, 4 months ago
Yes should be easy without presales. You could almost just mortgage the land and do it for cash.
You should seek legal advice on structure as there are many tax and asset protection issues to consider.
Terryw replied to the topic Ways to structure business of buying, renovating and selling properties in Trust in the forum Legal & Accounting 11 years, 4 months ago
1. They rent will be taxable as per normal
2. You move on. Changing ownership would be costly.
3. depends
4. nil for a trust. ASIC fee for a company $243 per year.Terryw replied to the topic Buying using a Trust Structure in the forum Legal & Accounting 11 years, 4 months ago
Yes, I have advised a few clients on these trust deeds. There are many different versions and I quoted something like $3,000 to amend one.
Terryw replied to the topic Buying using a Trust Structure in the forum Legal & Accounting 11 years, 4 months ago
Not true.
Terryw replied to the topic As is where is in the forum Legal & Accounting 11 years, 5 months ago
No it doesn’t mean that. Title of property that is not seized by the mortgagee remains vested in the original owner.
Terryw replied to the topic Pro's and Con's of turning a PPOR into an IP? in the forum Legal & Accounting 11 years, 5 months ago
In that case both properties could be exempt if you sell the existing one within 6 months of acquiring the new one – seek tax advice as you need to plan.
Terryw replied to the topic Borrowing for first investment in the forum Help Needed! 11 years, 5 months ago
WHile you have non deductible debt you would want to borrow 103% of the purchase price of any investment property. If you were to use cash you are virtually throwing money away each year.
You would do this by borrowing against another property – but do not use more than 1 security for 1 loan.
Terryw replied to the topic Pro's and Con's of turning a PPOR into an IP? in the forum Legal & Accounting 11 years, 5 months ago
It is possible to avoid CGT totally yet still claim all interest if planned carefully
Terryw replied to the topic Financing for flipping houses in the forum Finance 11 years, 5 months ago
Contracting means self employment so does working for a company you own. this means 2 years financials.
Terryw replied to the topic Financing for flipping houses in the forum Finance 11 years, 5 months ago
Lenders won’t be keen on these loans even if you had a job – short term soon to discharge. Brokers will not be keen as they have to give any commission back to the lender.
All you need is a stable income source – and dreams about income from flipping don’t count, need strong evidence of success
Terryw replied to the topic Financing for flipping houses in the forum Finance 11 years, 5 months ago
Dont give up your day job until you have 2 years of good financials
Terryw replied to the topic Wages vs sub contractor vs company in the forum Finance 11 years, 5 months ago
Just because you ‘subcontract’ doesn’t necessarily meaan you are a conntractor. There are various tests to pass from a superannuation POV and a tax point of view. There are also the legal side of things — you will need your own insurance for starters.
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