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  • Profile photo of TerrywTerryw
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    littlelot wrote:
    All I need to do is join my funds with the SMSF funds and then obtain a bank loan for the balance and then structure it to appease the ATO.  sounds complicated

    Not that simple. You shouldn’t mix trust funds with non trust funds – a SMSF is a trust. You could be breaching your trustee duties.

    You would have to borrow using other security. SMSF could not borrow.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It can be done but the hotel cannot he used a security.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    s0805 wrote:
    can't avoid this fees anyway< .

    Are you saying you cannot afford $15.80?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Why would you want to go to them?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    TheOoz wrote:
    So I've done quite a bit of reading, and I like the idea of a trust structure. I'm now looking to start building my 'team' so am seeking recommendations on who to talk to about my specific situation and setting up a trust/s.

    I'm currently based in Western Sydney, but likely to move to Melbourne in the coming months. I'm good with email, a telephone, and Skype so location isn't such a biggie.

    Thanks in advance.

    You should learn as much as you can and then speak to a good lawyer who understands trusts. You should also get some tax advice and some borrowing advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Jeremiah17 wrote:
    After attending a one on one strategy planning with ironfish i asked the question of the trust structure because i just finished reading steve mcknight's book. I have been told that i can't claim tax if i purchase a negatively property because the trust does not earn income for me to claim tax on.

    A trust is treated as a separate entity for tax purposes so if there is a loss within the trust this will not affect your personal income. But a trust can negative gear like a person can. i.e. a loss from investing in property within a trust can offset other income of the trust – or another trust which could distribute to the loss making trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Consider the tax consequences also. You would probably become a non resident for tax purposes.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    a few of my clients have done this. Buy a house with a large block of land. Split the land so that they end up with one empty block and one smaller block with the original house. One guy got the original house valued at almost the same as his purchase price meaning he basically got the block of land for free. He will sell the new empty block and pay out the portion of the loan attributed to this land, then reborrow up to 80% and repeat.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    It would probably be a title search.

    They would have to check title again and see if there are any writs or caveats.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    That is a large sum of money. You should consider some asset protection and tax strategies.

    Also the offset account is worth having, especially on the PPOR.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Generally best to avoid mortgage managers. They are just rebadging other peoples products and all loans are usually subject to LMI regardless of LVR. This can severely hinder your borrowing goals. Also they often go out of business and it can be very hard finding someone to speak to after that. eg. a client of mine sold a property, i couldn't contact then to organise a discharge of mortgage. this nearly delayed settlement.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Thats a large weekly shortfall.

    Will be interesting to see how this pans out.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Sounds very suss.

    Get a property valued at $390,000 and put it on the web for $490,000 then give a 'discount'.

    Is the uncle using other property as additional security? If so then he may not realise if the valuation comes in low.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    mjb1023 wrote:
    No, is this forums only for Australia?

    No, but I was just wondering which country it is in as you didn’t specify.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    is Pennsylvania in Australia?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    S32 only applies in VIC.

    Yes. You will need a valid contract of sale at the time of the option. You need to know what you are agreeing to when the time comes to exercise.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Just looked it up in a map.

    Man, be careful.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Only lawyers can give legal advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    95% loans are hard enough under normal circumstances. I would say it is unlikely you would be approved if you borrow the deposit.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You forgot to mention lawyers – A trust is nothing but a bunch of legal obligations.

    Seems like you are only considering income tax. What about land tax, asset protection, estate planning, succession issues etc.

    Trusts generally do not pay tax, but the money flows through to one or more beneficiaries who then pay tax on this income. You could use a company as a beneficiary to cap the tax at 30%. But there are many other things to consider, some financial, some legal, and some strategies.

    I would be surprised that something off the plan will put so much money into your pocket on 100% borrowings or even 95%.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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