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Nope.
Similar to if you sold a property that you owned and bought another still a taxable gain
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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For calculation purposes putting money in an offset would ssve the same amount of interest as if you put the money into the loan. So a normal calculator should work. In excel look for a amortization template.
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For your 800k property you would be far better to get a large loan and place extra cash in the offset. This is for tax reasons.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You could possibly borrow to pay non interest related expensese. Capitalisimg interest is generally ok under tax law but the ato have said they can deny the interest if it is being done with a dominant purpose of paying off your home loan sooner.
There are no stamp dutu concessions in nsw for the sale of an ip to a spouse
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Slight changes in tax rates from July. Also consider the delay is paying the ato cgt. If sell after 1 july you can keep the.money for another year
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Newcastle Knight wrote:Terryhow could they then attack and personal assets of mine if I was to guarantee another loan as I would not own anything (on paper anyway).
There are at least 4 grounds they could attack your personal assets
1. Transfer to defeat creditors – bankruptcy act
2. Transfer to defeat creditors – Conveyancing act
3. Constructive trust
4. Resulting trustIf you want to transfer your share to your spouse it can be done, but careful planning is needed. You also need to consider stamp duty, estate planning, and loans – for instance could your spouse qualify for a loan on her own? (if need be)
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The phrase limited recourse is partially misleading. It only means, in relation to SMSF loans, that recourse to the SMSF assets is restricted.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You should be paying IO on all loans untill your PPOR is paid off or untill you offset account is equal to the loan. Extending term wont effect tax.
What did you mean about arresting the repayments above? If you have stopped making repayments and are letting the loan increase then you could be in dangerous territory and should seek tax advice on this.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It is standard practice for banks to ask for personal guarantees even for so called limited recourse loans. No breach of the SIS act either.
There are one or two lenders which can allow lending under certain circumstances so you should speak to a good broker about that.
Removing you name from title will have little to no asset protection basis at this stage. Your house would still be at risk especially in tje early years and depending on how and why you sre doing it the later years as well.
Removing one of you as director is not so simple either as all members must be directors.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
cutegirl wrote:Terryw wrote:If it is in victoria you can transfer to a spouse without stamp duty. This will be a cgt event though. If you are looking to deduct interest then the transferee will need to buy if from you at full market value and borrow to do so. This can be done without or just nominal stamp duty in vic. Seek legal advice from a solicitor before attempting this.Thanks Terryw.
My idea is to split the cgt to me & my partner.
Because in my opinion, if the property under my own name, it means they will the capital gain from my income only
Having the property under 2 names means the capital gain tax are shared (me 50% and my partner 50%). We lodged tax return individually.
Is this correct?
Thanks.
Your will pay cgt on transfer to your spouse unless an exemption applies and then cgt from then on in accordance with ownership %
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Josh_P wrote:Check my reply below. I'm not sure if it suffices as symptoms but that's my situation. Any advice will be taken gratefully!STill not enough detail to answer.
This is like trying goolge for medical advice. A sore stomach may be indigestion or it may be an appendix for example.
Is also not just a matter of determineing tje name of a structure but how to structure the structure. E.g you may think you need to set up a discretionary trust but who should be trustee. If a company who should be director who should be shareholder. How many shares what type of shares. Constitution or none. Terms of constution. Sharehokder agreements. What happens with loans. How to minimise guarantees.
With the trust who shoukd be appointor who backup appointor. What terms of the trust. Any restrictions on trustee benefiting. Any stamp duty implications on changing trustee. What about adding “partners” down the track. Can it be done and how.
What happens on your death?
What happpens onyour incapacity? Do you have a power of attorney? Could this attorney take control of you trustee company and or the role of appointor?
ETc etc
THis is why you need legal advice in setting up a structure. Find a lawyer with a spell checker.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If it is in victoria you can transfer to a spouse without stamp duty. This will be a cgt event though. If you are looking to deduct interest then the transferee will need to buy if from you at full market value and borrow to do so. This can be done without or just nominal stamp duty in vic.
Seek legal advice from a solicitor before attempting this.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I don't see this making any difference to owning the property in your personal capacity. If you are looking at landlord's insurance then it may, but not for building.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I just reread the initial post and that is generally a good idea what the broker suggested. But because there are multiple parties we need to consider a few more issues.
When injecting money into a trust you need to consider the loan v gift issues outlined above. You also need to consider taxation aspects too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
dangermouse99 wrote:Ok I'm starting to understand. In lieu of what I want to do. Wat do u suggest I do??May have to work this out over several posts.
FIrst, who is the owner of the cash? You, spouse, trust a , trust b etc? And where is it sitting now?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Dangermouse you have to remember that the trust is not you and you are not the trust so think of it as a third party. When passing money money to a stranger you want to make sure the terms are clear. If it is a loan it is still your money if it is a gift then you give up rights to ask for it back.
Also think of the problems if you were to suddenly die. You family may be clueless about this money and disputed can arise.
Had a trustee client who was sued by a deceased estate over a loan. The trust contolled by the son claimed it was not a lpan while the executors of the mums estate claimed it was. The executors were duty bound to get this.money back and actually sued the trust. Records were no existant and this is what caused tje problems
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Dean
JUst becareful when different entities are involved. Transferring from one to the other is possible but just think of classication. Is it a loan or a gift etc.Things can get messy and it will eventually become impossible to work out.this can lead to weakening of asset protection and estate planning problems too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yep. Thanks Richard.
JUst after I made that post I passed a fatal accident with the dead body of a motorcyclist on the side of the road…
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If ing sold the security property and there was a shortfall they would then be an unsexured creditor
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
What structure is like asking for what is the best medicine
We need to know the symptoms firstTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
House of weslth sre good on the expat side. Speak to michael there in melb office.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



