Forum Replies Created
As a non resident you would be paying much higher tax than residents. It may work out better for you to take your money offshore where it could be earning higher returns without the tax. This in turn would increase your deductions for the residential property here
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
First thing I would do is to look at the centrelink website and try to ascertain what the assets test and the income test mean for them. They may not qualify now, but they may be close or may qualify in the future for a pension. This would probably change their plans a bit.
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
Darrly,
I agree.
I have a client now who is going to be bankrupted soon. He did his own asset protection planning and thought he was smart buying a commercial premises in a company rather than his own name, Guess who owns the shares!
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
Are you a resident for tax purposes?
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
Consider land tax as well. This is likely to be a large expense as trusts do not get any tax free threshold so 1.6% of the land value for all land owned by trust – each year too!.
Being a director has no bearing on tax. Trading company should not hold assets or be trustee. It could be a beneficiary though, but this may mean it starts to hold assets – cash distributed. It all depends on the risk factor. weigh up risk v costs.
Consider succession planning too. Who takes over if you die or become incapacitated.
Also possibly consider setting things up so that it is flexible and can be easily changed or adapted in the future – such as using a unit trust on top. There are many advantages.
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, its happened to me.
You can get an order that they have abandoned the property so that you can legally retake it and a judgment that they owe you money. You can then pursue them for the money owed – this could be a major hassle though. I had about a $2000 judgment and just let them go.
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
Sounds like a reasonable fee. Nathan is very sought after these days.
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
What is he charging?
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
It could be possible.
Reg 13.22C SIS regs
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
Is this a coincidence? Two Jamies in a threat with one posting about passing go and the other running a company incorporating 'pass go".
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
wilko1 wrote:Terry could you give a example of how having 2 or more directors all giving personal guarantees would hurt serviceability moving forward.Am i wrong in thinking. Person A, B and C have signed personal guarantees. Net loans in the trust 1.5 million all for investment purposes. Person A then wants to go off and buy their own PPOR or do their own individual borrowing in another trust or in their own personal name. Their income is only 75k but the group total income was 250k.
Does this then mean that if your using the same bank they will say… You have given a personal guarantee for 1.5 million your income of 75,000 is not enough to service any future loans.
Is this avoided by going to another bank. Cant remember i have ever been asked if i have given a personal guarantee for another trust
thanks wilko
Hi wilko
I was thinking along the lines of esch guarsntor beingnliable for the whole debt they have guaranteed. So if a b and c guarantee a $1mil loan by a trustee then if a went to borrow for something in his own name then he would be assessed as having $1mil in debt.
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
TheFinanceShop wrote:No lender will accept capital gains as taxable income for servicing unless (and this is a maybe not a certainty) you can seriously show that the capital gains is repetitive. By this I mean you need to show the lender a history (minimum of 2 years) capital gains income, you need to show that you are full time in this profession (i.e. a property developer) and provide a stack of further information from the accountant justifying it. It is an incredibly hard sell.Documentation is dependent on the credit assessor but the accountant would need to a) confirm the nature of the business b) confirm that the business operates as a developer and the income is distributed via the trust entity c) the CG income is consist for the past 5 years as it is their primary source of business income.
Regards
Shahin
If this was the case it is unlikely that the income is trested as a capital gain.
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 you or a related entity is declaring profits on capital account it is likely to be treated one off. Even when using a discretionary trust the income would flow thru as a capital gain usually.
If you are trading or treating the sales on the revenue account then you are unlikely to be treated as a residential customer and more likely to be a commercial loan client
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
Sounds like you have borrowed money to invest in a non interest bearing savings account. Dangerous
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 richard and alistair above. Must have enough income in the trust and remaining directors to service and thrn get the loan redone. Income of trust can be taken into account. But if it is one off capital gains from the sale of property then this is unlikely to be considered income for loan servicing.
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
Qlds007 wrote:No gets better Terry they had the 2 properties crossed but they told him that even though he had 110% borrowings the loans wouldn't be crossed going forward.Must be magic.
Cheers
Yours in Finance
bet they regret it already
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
prob straigt income tax. gst on the sale of new land for first 5 years. may be able to apply margin scheme.
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
it depends on what state the property is in. i am a solicitor and sold a property in tasmania last year, the agent did most of the contract. before i knew it he had a contract prepared and a signature on it so i just countersigned and that was 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
and they probably have kept their loans crossed too:-)


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 this is nothing new. a lot of forum members used to waste the time of brokers trying to work out which lender and how to structure their loans and then trot off to a refund broker. not the sort of client you would want to have anyway.
this part of the reason why i now charge clients to do their first loan. the other reason is because i also offer my knowledge of tax, law and financial planning skills.
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



