Forum Replies Created
- adam.p wrote:Hi Jamie,
To clarify my question:
I have an IP but only on my Wife name.
The loan is on me and wife name. The loan is secured against this same IP and for the purpose to buy this IP.
It will be negative gearing IP. So, with this scenario, who is allow to claim tax deduction?
Thanks
Wife
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
Actually Jac all applications are recorded on the credit file, whether approved or not. Incidently you can still negotiate a settlement with the credit card companies and pay out part of the debt as full and final settlement without anything appearing on your credit file about this. But you must have the lump sum to do so – generally.
I would be more inclined to save extra cash into an offset account and then get the benefit of only paying 2.99% on the credit card (suncorp?). This should save you more interest and enable a lump sum to be built up.
But having the credit cards could impact on serviceability, so it all depends on your situation…
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
Wonder what you get for that?
Still, that is only about a 50% return on your capital per year. For the risk involved businesses need to generate you high returns, although these can be lower for major franchise because there can be more certainty of sales.
There would be considerable risk involved, leasing the shop etc – probably licence agreement with a sub company of their's., but personal guarantees required.
Who is the target market? Mainly people of asian extraction. Maybe good in the cities and around the universities but not in other areas. City is also saturated with these types of stores – Sydney is, especially around Chinatown and Town Hall – I have one the other day.
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
$13k per month profit sounds high.
What is a franchise worth?
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
Because it will bcome an investment you should borrow as much as possible and put as little in as possible. There are ways to structure it so you can borrow 105% and then later free up more of your cash for your new ppor.
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
Depends what you want to use them for. Asking for help moving house may be tricky but advice may be ok.
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. credit card companies do make deal. The offer they give you will depend on your ability to pay and your hardship story together with the likelihood of them being able to squeeze money out of you if you go down. I have helped people get 50% off a few times.
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
Not many brokers know the dangers of cross collateralising and even less bankers do. Richard should keep you on track for future loans though.
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
6.1% is still a high rate, but much better than 8.54%. You may be able to better that.
Probably best to focus on the $2500 car loan, get that out of the way. How long is the credit card debt 2.9%? Probably is an idea to save up a sum of money into a 100% offset account on the home loan as this is a higher rate.
When you have a small lump sum available ring or write to the credit card company and offer to pay 50% of the debt for a final settlement.
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
an3 wrote:Hi TerryI am located in Sydney. I would appreciate if you could recommend an accountant in Sydney who specialises in property.
Thanks
An
Try Martin at http://www.houseofwealth.com.au (I am a consultant to HOW)
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
Which bank is it with? Won't be easy, but worth a try.
If only you had structured your loans properly you woudn't be having this problem. Let this be a warning to others out there.
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 am a solicitor and know a little bit about tax too. Located in Sydney
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
Neither. Will depend on a few things such as how the money is used.
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
$1000 is a lot for one individual with investment property.
Inner west of which country/state/city.
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
Units woud reflect the value of the property owned by the trustee.
Think also about
bankruptcy
death
incapacity
liability
caveats
power of attorney
family law disputes
etc
What would happen if, mid project, the spouse of one unit holder lodged a caveat on title under a family law dispute for example
What if one unit holder ended up in an accident and in a coma unable to sign.
What if 2 refuse to pay the loan.
Who will guarantee the loan? Who will control the trustee?What if 2 gang on on the one?
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
Very complex.
Need to consider heaps of things such as
1. Land tax
2. stamp duty on exit
3, minimsing guarantees
4. existing structures
5. exit strategies
6. GST
7. Tax
8. Asset protection
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
Can I stress that you shouldn't set these structures up on your own. Seek assistance because I have seen a number of problems arise such as
1. Hybrid set up by online deed. The person borrowed in the wrong name – massive lost tax losses which are unuseable.
2. Settlor was main beneficiary's son!
3. Invalid unit trust because trustee and unit holder was the same
4. Unit trust hit with land tax because it wasn't a fixed unit trust
5. extra guarantees needed because old mother named in trust deed.
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
This is a section of the Tax Act which basically allows the commissioner of taxation to deny a deduction if it is a scheme entered into with a dominant purpose of getting a tax deduction. Much more complicated than this of course.
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
Well it depends. You should really have only one property per unit trust for a variety of reasons.
If you buy the property in your own name then it is stuck and you cannot get all the other benefits of a unit 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
Hangon, I have to disagree with myself here.
Having a trust can improve borrowing ability. Imagine if you buy a IP1in your own name.
You later suffer a credit blemish, you have heaps of equity, but cannot access it to pay out a judgment (for example). You must resort to selling or using a non confirming lender.
But if you had a trust with a company as trustee. You just resign as director and replace the position with your spouse and refinance.
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



