Forum Replies Created
- cam7702 wrote:Sorry Terry, I shouldn't write posts in a rush!
I was talking about the original question Re. renting from yourself.
If someone was to rent their home out, to an unrelated party, then lease it from that party would this be OK. If you had the property on an interest only loan you could pay a higher rent and the unrelated party could make an income to make it a commercial arrangement.
I suppose if it were OK every one would be already doing it!!
Thenewme let us know how you got on !!
Dean
Sounds like some sort of scheme. Why would someone rent their property to A to only sublease it back?
If you are talking super then it would be prohibited under the SIS Act if residential. If commercial then a related party can rent it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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This will only effect a small minority of people who have been getting good tax free income from their super. A superfund can earn up to $100,000 and still pay no tax, thereafter it is just 15%. So if the fund as a $200,000 profit it will pay just 7.5% just. Outside of super if a person earned $100,000 this would be taxed at 37%. A company would be taxed at 30%.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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No time limit in the tax act, but you need to consider the ATO guidelines. Must establish it as the main residence, not just move in briefly.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You can't use a council valuation for stamp duty purposes you will need a proper valuation done.
Why not just gift it after 01 July. Installment contract? Option to purchase?
Why gift at all? What are you trying at acheive? Consider centrelink issues, stamp duty, asset protection, estate planning as well as CGT.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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cam7702 wrote:I suppose any negative gearing benefit would be stuck in the trust, which would negate the benefit if the trust had no other income.What about the subleasing? I cant find any arms length transaction requirements as in SMSF.
Negative gearing is not a benefit! Its a loss.
If a discretionary trust owned a property and there was a loss the loss stays in the trust – just as it would if you bought a property and there was a loss. The difference is that you have other icnome to offset the loss. Trusts can have other income too, but if none then the loss carries forward.
Not sure what you mean about subleasing and arms length requirements – a SMSF couldn’t lease property it owns to a member or an associate, even at arms length, unless business real property. You couldn’t get around this with a sublease.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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cam7702 wrote:If you used a trust don't you lose the exemption on land tax?What if you had some one rent the home from you and you sub-let a room from them?
This would depend on the type of trust and the state the property is in. Fixed unit trust in NSW for instance – unit holders get the land tax free threshold.
Discretionary trust in QLD – large tax free thresholdTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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boshie wrote:Hi TerryThanks so much for your comments. In response:
1. I will definately call the credit card company – considering the amount of interest we've already paid to them over the past year or so I'd like to think they would take that into account and work with us to help pay it off.
2. I have spoken with the ATO and we have set up a monthly payment arrangement. Still not ideal but much better for us to manage.
3. I met with my bank today about splitting the loan. He told me they could fix the entire amount of the loan and lock it in for 3 years and then apply for a variable loan at a better rate of 5.6% for just the credit card debt of $22.5k ??? This seemed strange to me as I thought I would have to have a small amount in the variable portion of the loan (around $20k) then add the extra $22.5k credit card debt onto that ?? This would be perfect for us but it wasn't until after our meeting that I thought how can we possibly get a variable loan for a credit card debt but at a home loan variable rate of 5.6%?!?!?
4. – I'm not understanding what you mean – sorry
thanx again
With my 4. I think credit card companies would be likely to cut a deal if you have a lump sum to offer and could pay them out in full within 7 days. Depends on your situation and your negotiating skills
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi Boshie
Sounds like you on hard times. I suggest:
1. Ring credit card company and explain the situation, ask for a discount and if they can cut the debt in half and drop the rate or interest free to assist.
2. Ring/Write to the ATO and ask them to wipe the tax debt.Provide medical evidence etc. They probably will
3. stay with same lender and apply for a split loan. keep most on fixed and a small amount on variable so you can pay off if your situation changes. Ask for $20k extra to pay credit card. But try to get the cash to pay it yourself.
4. If credit card company says can't help then once the loan is done ring them again and offer to pay them 1/3 of the outstanding balance in cash within 7 days if they accept your offer. Take it up to 50% if you have too.
Good luck
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi Barney
Get legal advice on the trust set up. RPI on the forum here is a QLD lawyer.
You could settle the money onto the discreitonary trust and then borrow it back. Depending on the situation you may be able to set up a special trust known as post death testamentary trust which may have some tax concessions.
You then can purchase the house in your own name or another trust. This acheives great asset protection and tax advantages.
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
Nicolas,
I don't think that is possible.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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s0805 wrote:Terryw wrote:s0805 wrote:Jamie M wrote:Just had ANZ do 5.44% on similar numbers.Cheers
Jamie
Hi Jamie,
No luck with the negotiation. ANZ advised unless if I increase my lending to 700K they can't consider any discount.
Any other suggestions guys…..
Cheers
Write to them and ask for a payout figure because you are moving your loans across to bankwest
Hi Guys,
Just end up running the numbers and it seems like it will take me atleast a year to be better off if I move. A year is long time and situation (with extra lending) could change, so decided not to.
thanks for your all helps, it was great experience negotiating with lender straight (rather than broker…) bit confident now…..
cheers
I wasn’t suggesting you move…
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
Possibly
see ATO ID 2004/407
http://law.ato.gov.au/atolaw/view.htm?rank=find&criteria=AND~instalment~basic~exact&target=J%20JA&style=html&sdocid=AID/AID2004407/00001&recStart=21&PiT=99991231235958&recnum=34&tot=3263&pn=ALL:::ALLTerryw | 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
s0805 wrote:Jamie M wrote:Just had ANZ do 5.44% on similar numbers.Cheers
Jamie
Hi Jamie,
No luck with the negotiation. ANZ advised unless if I increase my lending to 700K they can't consider any discount.
Any other suggestions guys…..
Cheers
Write to them and ask for a payout figure because you are moving your loans across to bankwest
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 will be running seminars on soon on North Korean property. After the war the value of prices will sky rocket.
I also plan to introduce fashion into the country.
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
The Dark Knight wrote:I've watched a lot or murder shows….watch out for Mrs W lolI’ve sacked my butler just in case.
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
The profits will be taxable.
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
I am worth $1.5mil…dead that is.
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 it can be done.
As the house is in Vic your spouse can buy the whole of the existing property from you (no just 50%). This will release the full $150k which can be used to pay down the new PPOR loan saving you a lot of non deductible interest each year. There is no stamp duty payable in VIC on the transfer between spouses.
Cost will be small, some legal advice, tax advice and conveyance. but the potential savings are much greater.
How much you could save would depend on the spouses income, rents, depreciation etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Get some legal advice before accepting.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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A lawyer! trusts are nothing but a bunch of legal obligations and rights.
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



