Forum Replies Created

Viewing 20 posts - 2,241 through 2,260 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Google "black v garnock"

    It is not to stop them transferring to someones else but to stop others from gaining priority.

    If Black about 30min before settlement someone who the vendor owed money to was able to record a writ on the title to the property. This meant that this person took the property to satisfy the debt and the purchaser was left without a property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes it would.

    Ignoring the fact that you live in it

    If you sell for a $40k gain CGT would be at most $10.

    First you take off all associated costs. say $6k

    Reduces the gain to $34k

    apply 50% discount = $17,000

    This is added to your other income.

    If you didn't have any or earned about $3k, tax could be nil

    If you were on $180k pa the tax would be $7650 or so.

    If you live in a property that has been rented then you could apportion the CGT on a time basic.

    So if held 5 years and you lived in it for 1 year then maybe 20% of the gain is tax free.

    CHeck with your accountant

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Jezelle wrote:
    Is this the same if the company owns all the money and properties, wouldn't you then go on company tax for the lot anyway?

    Yes, the same principals apply. A company can only claim expenses related to the production of income or business under s8-1 ITAA97. Not all expenses would be deductible, just like a person.

    In this case the company is acting as trustee too – not this this changes anything.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    westnblue wrote:
    OK i understand now.

    What if i had an unencumbered property and the value was 100k and drew out 80k against it. Would it still be in the same position – aka the entire loan interest not being tax deductible?

    From your question I don't think you do understand the concept.

    Same principals apply no matter what the security is. So if you drew down $80k (ie borrowed) and parked this in a savings or offset account and then later used it for investment you will run into the same problems as outlined above.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    spearsy wrote:
    What Terry is trying to say is that, the purpose of the funds determines whether or not the interest will be deductible. By depositing the funds into your offset account, the initial purpose is not to pay the deposit. Ideally, the deposit should be paid directly from the loan draw down, not via your offset account. 

    Thanks Spearsy! That is it in a nutshell.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    westnblue wrote:
    I cant see your angle….  Im drawing equity to pay for more property for the SAME company.

    And if you say thats wrong, well cross collateralizing is the same thing just more risky. How many people have drawn equity to go and buy more property – Nearly everyone I know.

    The same laws apply no matter who the borrower is.

    Interest is only deductible if the funds used are borrowed to invest.

    You are borrowing and parking in a savings account before the investing. The direct nexus is thereby broken. Once the funds are in the savings account they are no longer borrowed.

    However all is not lost, you may still be able to trace the money and there is a PBR which allowed interest to be deductible on something similar.

    But, if there is any other money in the savings account then the full interest cannot be deductible and must be apportioned. The authority for this is the case of Domjan from 2004. Mrs Domjan borrowed money and put it in a cheque account for about 1 day just to write a cheque. She had other cash in the cheque account and this caused her to lose the full deductibility of the interest on that borrowed money.

    eg.

    Joe borrows $40,000 and gets an IO loan because the LOC rate was slighly higher. His accountant tells him there will be no tax problems and to just stick it in his offset account. 

    The offset account has $20,000 in it already. Now it will have $60,000

    The percentage balances are  33% private and 66% investment.

    So Joe will, at best, only be able to claim interest on 66% of the interest incurred on the $40,000.

    At worse it will be much less if Joe has put money in and taken it out several times – and it will be much harder to calculate.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    As a tax lawyer i disagree.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    westnblue wrote:
    Im only parking it until i find a new property usually under 4 weeks, for every 100k im only paying $420 for a months interest (even less with offset).

    With 100k cash i can pay deposits on 5 regional properties, which in turn will make more equity if bought right

    I stand by my comments!

    Doesn't matter if it was one hour.

    You should seek tax advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    westnblue wrote:

    I locate a property with at least 40k usable equity and do a cash out equity draw up to 80% LVR.  So what happens ill draw 40k from one property and place the cash into an offset account until used, that reduces the loan somewhat until used. This cash can be then used to pay cash 20% deposits on new purchases or buy unencumbered property.

    You are doing well. But borrowing money and parking it in a savings account is potentially dangerous. You are breaking the direct nexus between borrowing and investing. The longer the money is unused the weaker this nexus becomes.

    If there is other cash in the offset account then you will be mixing money and non borrowed money and that will mean you won't be able to fully deduct the interest in any case.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Sounds like a covenant

    http://www.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s88b.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    wilko1 wrote:
    Terry, Wont the bank want to look at the new director to see if they can service the previous loans of the company ?

    and what happens if the past director of the company has given a personal guarantee. (as mostly standard these days). Are the absolved of their responsibilities if made not a director anymore.

    Wilko, I was referring to setting up a new trust and trustee.

    If the director of the existing trustee company changes this would probably be a breach of the loan agreement with the bank. Any personal guarantees would continue too – even if the person leaves the company.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    a business name is just that – a name. It doesn't matter what you call a trust as that doesn't change things. Where you are giving a personal guarantee this will limit your borrowing capacity as if you had that loan yourself.

    If you have hit the serviceability wall you could possibly more forward by having others take the position of director of the trustee company and thereby you avoiding the guarantee – but they will need to.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Will Skelly wrote:
    And may I ask is anyone aware of the fees involved with Connective?

    My company, The Loan Experts Pty Ltd, is with connective. $680 per month plus $110 per month per loan writer plus GST.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    god_of_money wrote:
    Terry, 

    Correct me if I am wrong.

    I thought that you can transfer 50% to your partner/spouse free if stamp duty in NSW as long as it is intended to use it as PPOR

    From one name to 2 names you can. Without checking, i think you cannot go from 2 to 1.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    In NSW you would be up for stamp duty on the transfer of your interest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Squiresy,

    You could possibly transfer your interest in your property to your spouse. If in VIC it could be exempt from stamp duty.

    But because ownership is changing she will need to apply for a new loan. If you guarantee this loan then you haven't achieved much – your borrowing capacity will be the same.

    Also setting up a trust won't assist in increasing your borrowing capacity. Neither will multiple trusts.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    read the contract carefully. based on what you have said if the contract falls over there would be no settlement and no further deposit payable, but what other clauses are there. Get a lawyer to review.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    jate wrote:
    Hi Colin, i too was thinking it would be as simple as that but the bank informs me that this is not possible because for interest only loans the amount is always a differing amount each month they won't know how much to deduct plus there is a 3 day delay from OFI so they said it's not possible?

    im just trying to think how utility companies direct debit for electricity bills with differing amounts but the bank cannot?

    Yes, they can.

    Which lender is this?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    juvanix wrote:
    Goodness…..so our lawyer plus the buyer's lawyer and accountant is saying that the property cannot be listed under 'going concern'. I agree that the sale cannot be sold as a ' going concern' after doing more research. ( THANKS crj!) However, our accountant is still arguing that it can be used.

    So now, he's asking whether the sale will be input taxed. I need a new accountant……

    Ask you accountant to put his arguments in writing and back it up with legislation.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I’ve seen a few doosies. One client, a business man, had his son as settlor of the trust – so his son could never benefit from it. Set up by an accountant!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 2,241 through 2,260 (of 16,328 total)