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  • Profile photo of TerrywTerryw
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    @terryw
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    Most lawyers don't even charge that much!

    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

    Profile photo of TerrywTerryw
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    PropertyGuts wrote:
    Shukri is in Chatswood, he sets up trusts

    http://www.propertytaxspecialists.com.au

    What does he charge?

    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

    Profile photo of TerrywTerryw
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    Terryw wrote:
    Ralph Z wrote:
    Hi Terry:

     I talked to my accountant friend, he told me that I should set up a corporate trust to get tax benefit and also protect my asset in case it has gone bad.  

      Cheers

    i would advise you to get some proper advice. This is only half the story. Not e en half

    Sorry i was typing on the phone when I wrote this. This website is very hard to post on.

    I meant to say that which structure you use is only half the story – or not even half.

    for example, Imagine if you set up your trust so that it is water tight and then you transfer a house you personally own to it for undermarket value = virtually no asset protection.

    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

    Profile photo of TerrywTerryw
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    KeithMewes wrote:
    I'm not an expert and cannot offer advice but my understanding is to always keep the business and any IPs completely separate. Some even recommend that the business be split as well, such as if you have plant & equipment this is owned by a trust and leased to the business. I personally will be buying IPs in a discretionary trust with a non-trading corporate trustee. 

    I understand that the idea is to put as much distance between you and any assets, liabilities, etc and just benefit as a beneficiary. This is for asset protection as well as litigation protection.

    But as I said, I am not qualified to give advice, this is just what I have picked up along the way and you MUST consult with qualified people such as accountants and solicitors. But make sure they know what they are talking about (always a tricky one to ensure).

    keith

    That is generally the way to go Keith. But it is also important how the trust is set up and how deals are structure, who guarantees what, what is used as security etc too.

    When talking about asset protection people are usually talking about keeping assets from creditors in the event of bankruptcy. Other things to consider are family succession plans and family law issues.

    Imagine you having spend thousands on legal advice and having a great asset protection plan in place and then your spouse dies leaving you the house – or one of/ both of your parents.

    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

    Profile photo of TerrywTerryw
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    Ralph Z wrote:
    Hi Terry:

     I talked to my accountant friend, he told me that I should set up a corporate trust to get tax benefit and also protect my asset in case it has gone bad.  

      Cheers

    i would advise you to get some proper advice. This is only half the story. Not e en half

    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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    First thing to do is to get some legal advice. Especially with that much cash. You need asset protection and structure set up and loan agreements etc.

    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

    Profile photo of TerrywTerryw
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    cmoore0708 wrote:
    Sorry not a property accountant, but an accountant familiar or helpful with residential property investing.

    And I'm still a bit confused then by the differences between trustee and beneficiaries. Could we not both be trustees and beneficiaries? 

    Thanks

    A lawyer may be more appropriate.

    A trustee is a person (including company) that holds the assets for the beneficiaries.

    You would be both trustee and beneficiary (but not sole beneficiary), but there could be stamp duty implications if your deed is worded a certain way.

    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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    1. This will depend on a lot of factors.

    2. Yes. expensive and time consuming and you will greatly weaken any asset protection.

    3. Trustee probably shouldn't be beneficiaries – depending on the wording of the deed. Any distribution made is taxed in the hands of the recipients, including the trustees personally. If the income isn't distributed the trustees will pay tax on it at top marginal rates.

    4. Why do you want a property accountant?

    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

    Profile photo of TerrywTerryw
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    Geddo wrote:
    We would be in a position to buy in around 10-12 months, but this would get us into a house earlier, and potentially save us some money (if my sums are correct)

    After reading some articles on this site, I noticed some investors prefer to rent their PPOR rather than buy and live in it as the expenses aren't tax deductible if you live in it. I guess this concept seems to defy my initial logic, as I was always told to pay your house off as quick as possible, and "rent money is dead money". I just want to make sure this really is the best option.

    Expenses aren't deductible if you live in the house. But neither are they deductible if you rent somewhere else – you still have to pay rent and this is not deductible.

    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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    Geddo wrote:
    I think so? My partner will pay around $100 per week in tax, so that will be our saving – that is based on us renting a house for the same price that we rent out the unit for. Am I missing any other costs or savings? Am I using the right formula?

    Above you said she is on a taxable income of abotu $30,000. Tax on this would be about $2200 or so. $100 per week in tax savings = $5000 pa. Something doesn't add up??

    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

    Profile photo of TerrywTerryw
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    I recall many years ago in the early days of learning about trusts. I had both Rentons and Trust Magic and found Renton's pretty dry reading. I never did finish reading it, but it was good to flick through for additional clarrification every now and then.

    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

    Profile photo of TerrywTerryw
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    Is there much chance of good capital growth in Gunnedah?

    You also have to assess the opportunity cost of holding these. If you sell it will improve serviceability, possibly assist you in paying down non deductible debt, and allow you to get into investments with higher returns (possibly).

    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

    Profile photo of TerrywTerryw
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    Have you worked out how much money you will save doing this?

    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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    Ralph Z wrote:
    So, you are saying its the lender who makes the call not the broker? Is it possible to negotiate rates with banks if I've got good financial status? cheers

    It is the lender's money and they are the ones that give the discount. Brokers can assist by knowing what the going discount rate is. Your financial status is not the main factor, rather it is the size of the loan, the size of the total borrowings, the LVR, the other products that you may be taking or have and sometimes profession – medical for eg.

    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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    This is a legal issue so you should speak to a lawyer.

    If you want to change trustees it will be complex.

    1. Review stamp duty rules for state of properties and

    2. review deed to make sure trustee can be change and how, and if there will be stamp duty on the transfer of title. In NSW there could be if the trustee is a beneficiary.

    3. Seek legal advice on the structure of the company which will be trustee.

    4. Apply for new loans in the name of the new trustee and personal guarantee of the trustee company.

    5. Seek tax advice on the proposed set up. Probably no CGT.

    6. arrange a settlement.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Accountants often get it wrong.

    But will the ATO be that strict? Maybe they will accept it was a mistake and consider it never happened.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You will need to get the lender's permission and cooperation.

    Having such a high LVR will mean the mortgage insurer will be involved. What would the approx LVR after strata?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Before you start investing again you need some professional advice.

    You will likely be a non resident for tax purpose and this will mean a whole new approach is needed. You also need to consider asset protection and tax strategies for your money.

    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

    Profile photo of TerrywTerryw
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    You made a mistake because you didn't seek proper advice. Now you are going to make another mistake by seeing the incorrect people again.

    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

    Profile photo of TerrywTerryw
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    YOu only need proof if you are asked to substantiate.

    Also consider, electricity usage and connection in your name, photos, statutory declaration from you and others. phone records, emails, water usuage and connections, electoral roll,

    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

Viewing 20 posts - 3,301 through 3,320 (of 16,328 total)