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

    You really need legal advice when setting up complex structures. I spoke to one guy who set his trust up online. Not only was he unable to claim any interest it would have cost more than $5k to fix plus possibly stamp duty again.

    No sense in setting up a trust if there is little to no asset protection planning in there. You can also do some additional strategies because of your large sum of money. This needs extra protecting.

    Finance structuring for the trust needs addressing too. Personal guarantees, who is director, shareholder, trustee, appointor, named beneficiaries etc. Get it wrong and you can lose control of your trust and also be required to provide unnecessary guarantees.

    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

    Is your sister going to live in it? She may have to pay CGT.

    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

    Think of it as 2 distinct interests like 2 separate properties. You will be living in your sisters property and paying market rent. You will be living in your own property at the same time so you would have no tax issues. Your sister would be able to claim her expenses if you are paying market rent and she is not living there.

    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

    When I was working for a martin place law firm I did conveyancing and we charged by the hour, $350. I ended up charging cliens $11,000, $7,000 and the cheapest was around $3.500. This is for average properties too – $500k houses etc. Clients were often professionals and even lawyers.

    The lawyer is supposed to disclose their fees up front and enter into a costs agreement with you.

    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
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Then i agree with Jamie. Paying down the old house any more will be tying you your cash which will mean less available for the new house which means higher non deductible interest and less tax saved.

    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

    What if you don't end up moving back in and want to buy a new PPOR to live in?

    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
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    If the reno was substantial then it could be deemed 'new' and GST would apply to the sale. GST on the full sale price perhaps. If subdivide then build the new house will also be new (der!) and would have GST if sold. But you may be able to claim some GST paid on materials back if the trust is registered.

    With trusts the income flows through and the beneficiaries usually pay the tax. But CGT may not apply if you are developing.

    You need specialist tax advice, preferably from a mate at a BBQ.

    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

    It depends…

    They are possibly trading stock so not CGT would apply. Merely income tax. Just as if you were selling ice cream.

    see "ATO ID 2004/25 Income Tax Trading stock: residential properties instalment sales contracts"

    http://law.ato.gov.au/atolaw/view.htm?locid=%27AID/AID200425%27

    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

    Max,

    I took it that you meant you met a condition of release for a lump sum payment from your super which you then used to construct.

    How did you do it?

    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

    Nope, this is a legal issue. Can only be done by a lawyer.

    It may be better to just consider a trust for future purchases. Also a lot more to consider other than income tax. If land is in NSW then maybe the land tax will be more than you would save in income tax each year.

    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

    Ben, if you own the land already then it is largely too late for a trust now. Transferring it would mean stamp duty.

    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

    1. Define 'best'!

    This will depend on your situation, the family situation, the existing business set up, land tax, stamp duty, long term intentions and asset protection requirements. And day of the week.

    2. Yes. you could borrow 105% or more for each deal. But htis will depend on existing properties. Generally you can borrow up to 90 to 95% of the value of the property.

    3. I could possibly assist depending on a few things….

    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

    excellent Alistair!

    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

    Perhaps a buyers agent?

    Work out a strategy with an approximate area and then employ a buyers agent to source for you.

    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

    Perhaps meet them halfway. Drop the rent partially or in 60 days maybe. This may keep them happy and mean less likely to leave…

    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 was not aware that he went bankrupt, but thought a company he was involved in went under.

    I think his books are good. especially rich dad and the cashflow quadrant. Simple easy to understand way of explaining things.

    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

    Well if you are going to sell one, your PPOR, then you may want to consider buying in a unit trust so as to be able to transfer to the SMSF. But if you do this you can't claim the main residence exemption like discussing above.

    It will all depend on the circumstances, but something to seriously consider.

    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

    There is nothing wrong with that way. People just have different ways of doing things.

    One point to consider is if you are going to buy an IP what about super?

    1. Get one in a SMSF to it will be tax free income and capital gains once you retire, or

    2. Get one in a unit trust structure now and when you do retire you can transfer the units to a SMSF and from there the income could be tax free and CGT free house if later sold.

    This wouldn't be possible (ie transferring to smsf) if you purchased in your own names, unless it was commercial 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

    WHy have a PI loan at all. IO with offset may work better.

    The only reason not to get an IO loan with offset like this is if you are tempted by large amounts of cash.

    It is never a bad idea to pay down loans, but you never know when you may need cash for something unexpected.

    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
    not_so_lucky wrote:
    What an eye opener. Thank you! Had no idea about any of that!!!

    by the way, the property is being gifted by parent to the child.

    Consider this:
    1. What if the child were to later get divorced
    or
    2. What if the child were to go bankrupt?

    3. child died – would pass via child’s will or intestacy laws

    If the parent kept the property but let the child use it as their own it may work out much better. The parent could leave the property to the child in the will.

    But, what if the parent
    1. Went bankrupt
    2. divorced/separated
    3. had their will challenged.

    Sounds simple but many things to think about.

    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 - 2,821 through 2,840 (of 16,328 total)