Terryw replied to the topic Asset Protection in the forum Legal & Accounting 12 years, 8 months ago
Copy and paste of my answer from the other forum
hmmm
1. 1 share – what if you want to bring in someone else later on? I wouldn't worry about losing $10 or $100.
I would be more worried about losing the assets of the trust. If the trustee is sued the assets of the trust are at risk, if these are not enough then the assets of the trustee will be…[Read more]
Terryw replied to the topic Investment Property Scenario – feasible? in the forum Sounds like a main residence 12 years, 8 months ago
Sounds like a main residence to me.
Terryw replied to the topic Best financial structure (trust) to minimise tax and disperse income in the forum Legal & Accounting 12 years, 8 months ago
Brad,
If the properties are in your name at the moment then there would be no units to transfer – I am referring here to units in a unit trust, not apartments.
Terryw replied to the topic Should i use the offset account? in the forum Finance 12 years, 8 months ago
Oh no the miser account with that miserable bank!
Terryw replied to the topic Purchase from family member in the forum Help Needed! 12 years, 8 months ago
If CGT applies, this would be calculated at market value. You will need a valuation for stamp duty purposes.
Consider possible effects on social security paynents if applicable.
Terryw replied to the topic Best financial structure (trust) to minimise tax and disperse income in the forum Legal & Accounting 12 years, 8 months ago
I would generally recommend a fixed unit trust set up. This offers maximum flexibility which is not available to discreitonary trusts. This includes
1. Ability to transfer ownership to a SMSF without stamp duty (stamp duty in some states) and extract money out of super
2. Ability to sell units without changing title or stamp duty (some states)
3.…[Read more]Terryw replied to the topic PPR and CGT in the forum Legal & Accounting 12 years, 8 months ago
You can’t count it as your main residence until you have lived in it, usually. There is no time limit in the legislation, as long as you establish it as a your main residence and later move out it could continue to be counted as your main residence – in some instances.
But, if you build or repair a property you may be able to move in later yet…[Read more]
Terryw replied to the topic PPR and CGT in the forum Legal & Accounting 12 years, 8 months ago
If you had actually lived in it first it could be exempt, depending on the circumstances. There is no need to live in it again before selling.
Terryw replied to the topic Stamp Duty Rumour !?!?!?! in the forum Help Needed! 12 years, 8 months ago
In NSW you have up to 3 months to pay stamp duty. But if you are borrowing then the lender won't settle until you have paid.
Terryw replied to the topic maximum borrowing structure in the forum I agree with Anthony. And 12 years, 8 months ago
I agree with Anthony. And also add that using a company will not increase your borrowing capacity. In fact it could hinder it.
Terryw replied to the topic Negative Gearing Benefit for Overseas property in the forum Legal & Accounting 12 years, 8 months ago
Terryw replied to the topic Positive or Negative? in the forum General Property 12 years, 8 months ago
gmh454 wrote:
I'm an accountant, one of my favourite stories is from a colleague.back in the early part of last decade when everyone was buying, and property was going to double every 7 years, one of his clients, bit the bullet and bought up big. (never asked the accountant first, but that is pretty usual).
At the end of the year he had…[Read more]
Terryw replied to the topic Negative Gearing Benefit for Overseas property in the forum Legal & Accounting 12 years, 8 months ago
Yes. all those scenarios would be possible.
Terryw replied to the topic GST on new build in the forum Legal & Accounting 12 years, 8 months ago
Yes, you may not have to charge GST on a new build in some circumstances.
The ATO has a tool you can use to determine.
Terryw replied to the topic Just signed a contract, what next???? in the forum Help Needed! 12 years, 8 months ago
Make sure you get legal advice if you haven't already.
Then insure asap – building only needed at this stage, but might as well consider a combo policy
Consider tax issues with the payment of the deposit too, if not too late
Get finance sorted
building and pest inspections etcTerryw replied to the topic Buy, renovate , sell strategy &Loan Insurance in the forum Help Needed! 12 years, 8 months ago
Jason957 wrote:
So what are the tax implications with renovating over and over ? (Ie Capital Gains) How much is it ?And do you have no tax implications at all when having it as a PPOR ?
Thanks
Jason
It would likely be just income tax, ie no 50% CGT exemption.
Terryw replied to the topic Renting out shed on PPOR to a business in the forum Legal & Accounting 12 years, 8 months ago
Yes. Prob calculated on the land area used by the tenant.
Also look into land tax. If in NSW you would lose the land tax exemption as well – but may still come under the threshold.
Also consider the risks associated with this, and check up on your insurance.
Terryw replied to the topic Family trust (discretionary) with myself (individual) as trustee to buy IP in the forum Legal & Accounting 12 years, 8 months ago
I don’t know your situation, so can only comment in general.
1. I would suggest you look at a unit trust with a company trustee. Units owned by a discretionary trust.
This will give 4 additional benefits, transfer control and low or no stamp duty, refinancing principal, transfer to SMSF later etc2. Not a good idea generally to use a company to…[Read more]
Terryw replied to the topic Family trust (discretionary) with myself (individual) as trustee to buy IP in the forum Depending on the structure of 12 years, 8 months ago
Depending on the structure of the ‘gift’ it could be clawed back indefinitely. There are also arguments which could be run by creditors that it wasn’t a gift but a loan etc.
Trustee will be the ones entering contracts so you have to think about future potential issues too. Subsequent purchases, loan agreements, agreements with builders etc. THen…[Read more]
Terryw replied to the topic Family trust (discretionary) with myself (individual) as trustee to buy IP in the forum Legal & Accounting 12 years, 8 months ago
No, there will be little asset protection in the early years especially. But gifting would be safer than loaning. How you structure the gift is important.
Asset protection will also depend on the structure of the trust and how it was all set up.Iwould suggest you gift to a separate trust Band have that trust lend to the purching trust Aand then…[Read more]
- Load More



