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  • Profile photo of TerrywTerryw
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    @terryw
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    RoyceRolls wrote:
    I agree that $50 for the week I am home is not much at all, I have tried to pay more but he dosnt want a bar of it.  He is just happy I am home after 5 years in the Army. 

    Thanks TerryW. I have been reading up on trusts and definitely think that's the way to go. I have a few questions hopefully you can help me with.

    1, Is the property investor trust the best option?

    2, If investment properties are owned by a trust, and the rental income is getting payed into the trust fund' if you wish to leave it in the trust fund and not pay the beneficiaries can you avoid the heavy tax by purchasing something like a vehicle? similar to a company set up?

    3, What's involved in setting up a trust? costs, timeframe, documents etc

    Thanks for the feed back guys.

    Royce

    Royce

    1. certainly not
    2. no. This wouldn’t work in a company either. A car is a capital asset so not deductible, but it may help to reduce the taxable income slightly by depreciation or other claims, but you couldn’t claim the car outright.
    3. costs from nil to $20k to set up. average around $2k or so can be done in a few min.

    BUT, I wasn’t suggesting you buy in a trust

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There is generally no harm in paying down debt. You will get a guaranteed 6% or so return.

    Another consideration is borrowing ability – if you pay it down now will you qualify for new loans in the future?

    If all properties are owned by the same person(s) then it generally has not effect, taxwise, on which you pay down. But from a lending POV you may want to pay down the highest LVR first as this may make it easier to move banks later if required.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Any chance you would need to upgrade the current PPOR or need large amounts of cash?

    I would generally perfer to keep them IO with an offset account for the extra – but only if you are discriplined.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Mate, that is the oldest tax document I have ever seen. Look at the date on it – 1964.

    Since then decimal currency has come into play, CGT introduced and a whole new tax act enacted.

    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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    some guy with the same name asked exactly the same question here

    https://www.propertyinvesting.com/forums/help-needed/4347359

    maybe you two should catch up?

    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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    You must declare all loans. So it if is in your name or your guarantee the loan then yes it will affect borrowing capacity.

    But you may also be able to claim the income from the property, depending on a few things.

    More complex than usual, but doable still.

    It is generally difficult to get an investment property loan in Japan. How will you go about that?

    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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    JacM wrote:
    Good Lord Terry, that's got to be post of the year.  That is smash it out of the ballpark advice if ever I saw it.  Royce you'd sail an awful lot further with Terry on your team than you could by yourself.  If I were you I'd be dialling his number as fast as possible.

    Jac, most people don’t grasp its significance.

    I met with one young guy who had a very large inheritance. He could have done something even better with a post death testamentary trust – but he just went away and never implemented anything. He just started buying property with the cash as deposits..

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Sometimes, though rarely, residential could qualify – the definition of what is allowable is 'business real property', not commercial. Not sure if this could meet that definition though.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Gift the money to a discretionary trust. Borrow it back later on to buy your PPOR. Have a loan agreement which gives an initial interest free period. Borrow 80% from the bank. Live in the property for 6 months, then move out. Rent it. You can still claim it as the main residence, but get all the deductions. Have the trust charge you reasonable rates for the outstanding loan and pay the bank their interest. Allow the trust to take a second mortgage over the property.

    This has 2 effects.

    1. Asset proteciton in the event of bankrutpcy and some asset proteciton if you later go through a marital separation.

    2. Diverts income into the trust which can then be distributed more tax effectively.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    JacM wrote:
    Oh you are right!  Says so on his info sheet http://www.terryw.com.au/  .  How have I gone this long and been unaware.  Angry with myself. 

    Yes Jac, I have been a broker about 13 years now. Also qualified in tax, law (and financial planning – almost.)

    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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    Yes. Depending on what it is. New stove for example will be depreciated over 5 years or so. If you move in within only 2 weeks of fitting this then you could only claim 2 weeks worth.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Gee that is a high rate – you will be pleasantly surprised at the drop in interest each month!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    In a SMSF it couldn't work if the vendor wanted to take a charge over the property.

    Other entities should be ok. But the problem will be finding a lender willing do lend on this basis. Last time I looked I could not find any main stream lender. But that was a few years ago.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    minds-eye wrote:
    Hi, newbie question here. I've just learnt about the benefits of Interest only + Offset account just yesterday.

    Is it fair to say that If i had a P+I loan repayment of 850 per week (500interest,350principal) would it be effectively exactly the same as paying 500 on IO and putting 350 into the offset account?

    To me, it seems like a no brainer to use IO because you have a great deal more flexibility + cash liquidity.

    What is the catch here? It is harder to secure an IO loan? Do banks prefer you to have P+I ?

    That is correct. The only risk with hte offset and IO is that some people are more tempted to spend the cash.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    What is the idiot going to report to the police? The shed has been used to grow drugs or something? Where is the proof.

    I would report to the police that he come around and hassled you. It would be recorded on their system and can therefore be used as evidence if something did happen in the future.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Its a bit of a concern that they were driving around and looking for you and that they found you too! These blamer type people can be a little crazy when they don't get their own way. I would report it to the police.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    HarryMarcus wrote:
    Hi all,

    I recently purchased (what was intended) to be an IP property (apartment) that I'm renovating, which will hopefully be complete in two or so weeks. Upon completion, I believe I've conservatively manufactured $40-50k.

    My PPOR is located within the same suburb and currently has approximately $100k in equity. 

    This is where it gets interesting. I intended on renting the new property out however I did some research on CGT and realise that if I move into the property it would be considered a PPOR so will be CGT exempt. 

    What I'm unsure of is:

    • If I move into the new property, will my old PPoR remain CGT exempt for up to 6 years?
    • How long must I remain in the new property before I can sell it without triggering CGT?

    If however, my current PPOR loses its CGT exemption status, would selling it at this point in time to realise the equity in cash and moving on to the new PPOR be a wise idea? It would be a downgrade but if it's a short period of time the exemption of CGT would make it feasible. 

    For what it's worth, weekly holding costs of either property are virtually identical.

    Some advice to a newbie would be greatly appreciated.

    Thanks,

    Harry

    Moving into the second one immediately could assist you down the track. You won’t know which one will have the most capital growth until much later (maybe they will be similar growth because same suburb). But the good thing is that you don’t have to chose which one you will nominate for the CGT exemption until the year you sell. So if you make sure both could qualify as the main residence then you may be able to wait 6 years and then reassess.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    JacM wrote:
    re: If I move into the new property, will my old PPoR remain CGT exempt for up to 6 years?

    No.  Once you move into another property that you own, your original property is immediately no longer eligible for the exemption.  The only circumstance under which you can sort of have two PPORs on the go at once is if you are in the process of selling one.

    Jac, not neccesarily so. The old PPOR could still be nominated as the main residence and the exemption applied for up to 6 years. Cannot also nominate the new one though.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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 not move in first so the whole period can be considered as your main residence? If you rent it first any capital gain will be apportioned over time.

    Will you pay stamp duty? if not you cannot claim it.

    LMI would need to be apportioned

    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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    You don't necessarily have to lose your 0.25%.

    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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