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  • Profile photo of TerrywTerryw
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    @terryw
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    jmsrachel wrote:
    Say they are tenants, could you claim the interest on the loan? If only part of it can be claimed how is it calculated?

    Only if renting at market rates, otherwise maybe a portion of the interest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    i have no experience recently with CBA but can't see any reason why they wouldn't do a trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You can't claim deductions for boarders. Boarders don't provide income but just pay for 'board' ie expenses such as power and food.

    But are your people boarders or tenants? Sounds like they are not paying market rents but paying more than boarding. Therefore I would guess you couldn't claim a full deduction for costs based on floor area, but may be able to claim a partial deduciton.

    You will also lose the CGT exemption on your house (in part) so consider carefully.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    All.

    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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    futurecouple wrote:
    As stated we would not be living as spouses as all paperwork, rental agreement and bills etc would be in his name solely and that I would only be “staying in one “of the bedrooms. The mortgage would be changed to a rental rate. I am aware that the best option is to rent out both properties and move into a new property either renting or buying and then claim all the benefits of two properties being rented but we are trying to avoid moving etc. So it’s more a question of is this legal in the eyes of the tax man as at this stage I would be renting the property to another person it’s just that I may also reside there.

    I

     think your definition of spouse and defacto may be different to the legal definitions…

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Bob, what are you trying to acheive?

    If a person buys a house generally the bank will want that person to be able to service the loan. They would only allow only a spouse to guarantee the loan.

    With a company or trust it would be possible

    Such a transaction may not give any asset protection. If you were to get me to own the property for example, and you paid the loan then it would easily be demonstrated that I am trustee for you. Also what if I were to go bankrupt or get divorced, or die??

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    What is National Deposit Funding?

    A lender that lends deposits? It could be good and may be a way to save LMI costs, but make sure you service on both this debt and the new loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Diamonds, gold?

    Send it overseas and borrow it back?

    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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    Bob, I think you must have misinterpreted your accountant.

    A SMSF has the sole purpose of providing for the retirement of its members. Members cannot benefit from the fund until retirement. This means all rents and capital gains stay in the fund until you reach the stage where you can legally take income out = meet a condition of release. You cannot benefit indirectly by using the property or renting the property – unless it is business real property and rented at arms length from the fund.

    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 mean controlling the property but not owning?

    1. Company with you as shareholder, or a trust as shareholder.

    2. Discretionary trust with you as one of many beneficiaries

    3. Unit trust with you as unit holder or discreionary trust as unit holder.

    4. Bare trust with you as only beneficiary

    5. spouse's name with you living there, paying for the loan etc – could be construed as a trust

    6. parent's name with you hoping to get the property via will

    7 parent's name with you hoping to get control via a testamentary trust in will

    8. SMSF fund

    9. Custodian trust as trustee for a SMSF (if bororwings).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If she would take a property it could be transferred without triggering CGT, but she would inherit the CGT dliability.

    She would get more if she took the cash.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Tax free passive income.

    He has to sell CGT impregnated property to pay this, so the real cost maybe $2mil

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    One of my mates just settled with his wife – $1.5mil for a 15 year marriage. She had a younger lover too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I had a client whose mother died and she had $150k worth of UPE from the family trust. The trust had no spare cash and it was a third party executor who was duty bound to call in her debts. In the end the executor had to sue the trustee of the trust (director was the son) so that the estate could get the $150k and then distribute it to the beneficiaries – one of whom was the son. Supreme Court = very expensive.

    So be very careful about UPEs!

    In Australia pre-nups are called "binding Financial Agreements" and they can be made before during or after a marriage/defacto. They are binding if done properly – this is covered in the Family Law Act.

    Many are not done properly though. They can also be challenged if there are material changes in cicumstances which are not considered

    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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    One of my old mates used to charge his girlfriend $1 per week rent. He said his lawyer told him to do this so as to prove they were not a defacto couple in the evident of a claim on his property on a separation.

    This wouldn't work at all – but could be a reason (illogical one at that) why someone would want to rent to their spouse.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There are a couple of issues

    1. Are you a defacto? Will you be living together as a couple etc etc. Sounds like you are a defacto couple to me.

    2. Can a person rent a property to themselves? No

    3. Ca a person rent to their spouse – possibly, but not if they are living there too.

    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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    Try James and Jamie! (don't get them confused though)

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Dan42 wrote:

    The best advice I can give is don't get divorced.

    Or

    Don't get married/Defacto

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Same with family law settlements whether those involving divorce or defacto separation.

    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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    Are you prepared to lie under oath? Make a false declaration – 5 years prison, max.

    If you go bankrupt you will need to disclose assets. Including assets held by someone else as trustee for yourself, whether the assets are in Australia or overseas.

    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 - 3,341 through 3,360 (of 16,328 total)