Since 2001 | Total Members: 161,628

Terryw

  • Terryw replied to the topic To leverage, or not to leverage … that is the question in the forum Finance 11 years, 1 month ago

    Be careful in using cash. Once used it will be tied up and there are tax consequences. Get some legal advice on some related party loan strategies so you could still avoid the banks but use the cash and not suffer the tax consequences. Asset protection is another bonus.

  • Terryw replied to the topic How to avoid bank traps when looking for loans in the forum Help Needed! 11 years, 1 month ago

    Bending the truth is a euphamision for fraud usually. best not to committ a crime if possible.

    Depending on the situation it would be best not to use the word ‘development’ anywhere – such as in company names, email addresses etc.
    Avoid getting too many properties in your own name – I just had one bank reject a client as a residential lender…[Read more]

  • Terryw replied to the topic Buying property in company name or in my own name? in the forum Help Needed! 11 years, 1 month ago

    I would only reccomend using a company in limited situations, if you have used up the land tax threshold for example. Loss of the CGT 50% discount means a company could pay up to 6% more tax than a person on the top tax rate.

    For the first one I would be inclined for personal name, perhaps incorporating some borrowing strategies to increase…[Read more]

  • Terryw replied to the topic Needing a bit of advice from some old hands in the forum Help Needed! 11 years, 1 month ago

    There is a potential way around this by proper structuring and it would involve making a gift to a discretionary trust and then borrowing it back to purchase property in your own name. Dont do this without legal advice though as many issues involved.

  • Terryw replied to the topic Wanted: Solicitor NSW in the forum Help Needed! 11 years, 1 month ago

    Yes thanks guys, I am a solicitor, but concentrate of estate planning law, asset protection and structures.

  • Terryw‘s profile was updated 11 years, 1 month ago

  • Terryw replied to the topic Strings-attached windfall – What would you do? in the forum Help Needed! 11 years, 1 month ago

    I would:

    1. Bloody oath
    2. Rents go up as do property values. Main residences are generally tax exempt – what other investment can get you this?
    3. read 2.
    4. Consider borrowing capacity for now and the future. Go For a loan as high as possible, up to 80%. This could be split into an IO loan with offset and a separate LOC for further investments,…[Read more]

  • Terryw replied to the topic Trust Structure and Mortgage Broker advice in the forum Help Needed! 11 years, 1 month ago

    How to structure a trust will depend on your family circumstances and what you want the trust to do. You should seek legal advice before setting it up as it can be costly to amend. Check out my book on trusts.

  • Terryw replied to the topic Trust vs own name in the forum Legal & Accounting 11 years, 1 month ago

    A child can earn up to $416 pa and not pay tax. Not much but it all helps.

    A beneficiary can be trustee and the trustee can be a beneficiary, but not the sole beneficary as otherwise there would be no trust.

  • Terryw replied to the topic Trust vs own name in the forum Legal & Accounting 11 years, 1 month ago

    Why rule it out?

  • Terryw‘s profile was updated 11 years, 1 month ago

  • Terryw replied to the topic Trust vs own name in the forum Legal & Accounting 11 years, 1 month ago

    Benefits are broadly

    estate pllanning
    tax savings
    asset protetection

    See my book “Trusts and Tax for Property Investors”
    download for free at http://www.propertytaxsolutions.com.au/

    To set one up you should seek legal and tax advice and have a lawyer draft a deed. For stamp duty purposes trusts are generally set up with cash, just $10 or so,…[Read more]

  • Terryw replied to the topic Property Investments – Does a Partnership Business structure work? in the forum Help Needed! 11 years, 1 month ago

    From what I have seen I think it is best to go alone if possible. buying with someone else usually ends sooner than expected as each has different circumstances.

  • Terryw replied to the topic Trust vs own name in the forum Legal & Accounting 11 years, 1 month ago

    You should consider trusts from the first property onwards – not neccessarily using trust to own one but to at least consider it..

    Trusts generally don’t help much under the family law side

  • Terryw replied to the topic Experience with selling properties to pay down loans in the forum General Property 11 years, 1 month ago

    I think it is a good strategy – depending on the circumstances.

  • Terryw replied to the topic Settlement procedure in the forum Help Needed! 11 years, 1 month ago

    Might help if you say what state the property is in.

    In NSW Purchaser signs first

  • Terryw replied to the topic Litigation proof in the forum Finance 11 years, 1 month ago

    Yes this is legal advice and Darryl is the man to speak to.

  • Terryw replied to the topic Family trust in the forum Help Needed! 11 years, 1 month ago

    Nope. Trusts do not get ACNs because an ACN is an Australian Company Number and only applies to companies.

  • Terryw replied to the topic Experience with selling properties to pay down loans in the forum General Property 11 years, 1 month ago

    Just do the sums.

    CGT can be reduced by planning the timing of the sale and bringing forward other expenses. The proceeds of the sale be be used to save non deductible interest too.

    I did a spousal transfer for a couple which increased their deductions by about $6000 per year but resulted in no CGT or stamp duty.

  • Terryw replied to the topic Settlement procedure in the forum Help Needed! 11 years, 1 month ago

    Standard practice. It is not handed over to the purchases until the cheques are received.

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