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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 exposed. This is why a company is suggested as it limits liability.
Also consider the many instances where directors can be personally liable.
2. Cash in an offset is an asset. It would be exposed and at risk. If the owner takes it out of the offset and moves it, it would still be exposed and at risk. Doesn't matter where it is.
3. If your agent hired a handyman who was not properly licenced then the agent may share some of the blame.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Sounds like a main residence to me.
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
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 | 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
Oh no the miser account with that miserable bank!
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 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 | 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 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. Ability to transfer ownership in stages to reduce CGT
4. Refinancing principal – ability to borrow to pay for private expenses and indirectly claim the interest
5. Land tax threshold in some states – such as in NSW for certain trust set ups if the units are held by an individual.
The units can be held by a discretionary trust for all of the above benefits (except 5) and this will give the same asset protection and tax felxibility as a discretionary trust.
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 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 still claim it as the main residence from the time you purchased it. s118-150 ITAA
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.150.htmlIf this section applies you must live in it for 3 months at least.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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 | 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
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 | 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 agree with Anthony. And also add that using a company will not increase your borrowing capacity. In fact it could hinder it.
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
Try http://www.houseofwealth.com.au
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
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 managed to completely wipe out his income, (property losses exceeded wages).
He got back around 30K in tax, and asked is "that all" ????. My friend tried to explain that you can only get back what you pay…
he said … "but that man at the seminar had said he would get back 45% ($50K) … are you sure you are right …"
"the man at the seminar "… wonder how many times people hear this
The good old ‘man in the seminar’ has been responsible for many a misunderstanding!
So this guy wanted to get back more tax than be actually paid.
I had a friend who got into a panic when her unit became cashflow positive. Her accountant told her she would have to pay more tax but a way to prevent this was to do a reno. So she did a needless reno on the bathroom
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
Yes. all those scenarios would be possible.
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
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 | 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
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 etc
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
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 | 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
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 | 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 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 trade shares, but yes this company could be a beneficiary of the trust.
3. gift – but won’t money back could be construed as a loan. maybe just have the trust drafted so the trustee can distribute capital. look closely at the terms of the trust
4. depends on the terms of hte trust deed. FBT may not apply as the company would only own it as trustee.
sodan suru no wa itsudemo kekko desu.
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
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 you have the negligence side, with liability if the trustee is sued.
Think about tax too. Almost always not a good idea to pay cash for something for tax reasons. Once the cash is paid it cannot later be converted to a loan. e.g you may want to access the cash to buy an ivory back scratcher. The trustee may need to borrow to get the money for you – not deductible whereas if trust B had lent the money to A then A could borrow to refinance this loan with the interest deductible. Money released back to trust B would could then lend to you interest free.
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
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.I
would suggest you gift to a separate trust Band have that trust lend to the purching trust Aand then have trust B put a mortgage over the property.
Why personal trustee? Trustee is personally liable for debts of the trust.
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



