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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    It is amazing how a little fee can stop people going forward. I have a mate suing directors of a company who claim they have no assets. I told him to do an ASIC search to see if they hold interests in other companies but he is reluctant to spend the $30 or so.

    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
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    I wouldn't worry about your PPOR loan too much. $50,000 at 6% pa is only $3,000 in interest. Just keep utilising the offset account – all rents and incomes in there. Do you have one?

    Take the opportunity now to uncross your loans as well and look at extending a LOC on your main residence. It could be possible to borrow from this to pay the expenses on your IP and keep your cash in your offset to pay off the PPOR loan quicker – but discuss with your tax advisor as the ATO are looking into this now.

    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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    @terryw
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    Interest won't be deductible as it is a private expense.

    You could sell to your spouse who could borrow to buy….

    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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    @terryw
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    999ivan wrote:
    Again thank you. Guess my final question is how is there a way to get a better deal. Or are they beyond hope?

    A

     better deal as in this one?

    1. You could negotiate better terms for yourself.

    or

    2. Invest into another venture. But you have to understand that it is extremely dangerous to invest in a private company – you essentially have no security.

    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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    @terryw
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    moxi10 wrote:
    Run. Hide. Change your phone number.

    Change your star sign, hairstyle and start wearing a dress.

    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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    @terryw
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    Be very careful how you proceed.

    I have a client currently being sued over a deal, similar in some ways, that didn't proceed. They have joined his wife in proceedings as she attended some meetings. The intention of both parties was to set up a company for trading and owning stock, but they are suing my clients in their personal capacity. Wife was joined as she is the one with the assets.

    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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    @terryw
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    PLC wrote:
    Just as a note, while bankruptcy will disappear from ones credit file after 7 years, the bankruptcy will be recorded on the National Personal Insolvency Index permanently and the information can be accessed if lenders decide to go that far.

    Cheers

    Tom

    And th

    e bankruptcy register is a publicly searchable database.

    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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    @terryw
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    jhogan. Too late I'm afraid.

    Did you have any other funds in the account the borrowed money went into? Domjan's case is the authority that the interest won't be deductible in this case…

    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
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    THere is a a template in excel 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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    @terryw
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    I think it is 5 years

    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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    @terryw
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    apple is terrible. I am just waiting for the Note 2 phone in a couple of weeks and I will be apple free!

    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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    @terryw
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    JimmySprinkles wrote:

                 Whilst nothing is seemingly divorce proof,would you say that individual or company have the same divorce implications or are they different.

    Different

    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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    @terryw
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    jmsrachel wrote:
    Hi Terry, The work was completed but after It's completed don't you dare call him for advice. And during the whole process he is too busy to return your calls. And then he thought it was ok to settle on a property with the vendors rubbish and furniture still inside. Best of all he has written book after book on property law.

    Hi Joel,

    I dont know anything about your situation, but it would be unreasonable to think that you could ring the lawyer for free advice after the matter has been settled. Their retainer wouldn't cover this.

    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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    @terryw
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    Joe, you only pay after the work has been completed – unless money goes into a trust account.

    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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    @terryw
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    I say do the sums and work it out.

    Selling and then using the funds will assist in reducing your non deductible debt considerably. CGT could be avoided on the main residence probably so just agents fees and legals. Work out CGT on the other and then work out total costs of selling and how much money you will save in non deductible interest pa.

    Then make an assessment on whether to sell or not.

    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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    @terryw
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    Thanks Jamie.

    With property it is best to use a lawyer from the state you are buying in. I wouldn't act for a property matter in SA as I am not familiar with state laws there or the procedures etc.

    I don't know how you should choose your lawyer, but someone with a experience in the area you want to focus on – area as in topic. You can also look for an accredited specialist in property or just someone that seems to specialise without being a formally designated specialist.

    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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    @terryw
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    Cross collateralising is when you use 2 properties as collateral for the one loan.

    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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    @terryw
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    JimmySprinkles wrote:

     We are not planning on needing to  borrowing any money.What are some of the main reasons that the people you talk of have failed in this set-up.What implications would a 10 man trust set up have on personal borrowing capacity.Cheers.

    Coordination 10 people is hard. Have you ever tried to organise a group of 4 to eat? what, where etc is not easy. Imagine with 10.

    1 will almost certainly lose interest and want to pull out etc. Constant hassles like this. Choosing a property that everyone agrees on will be a nightmare. Except if they are just shareholders and there is one director who decides maybe.

    Trusts effect on borrowing capacity would be similar. Each unit holder would be required to provide a personal guarantee as well as the trustee or company directors of teh trustee. Each guarantor would be guaranteeing the whole loan amount. So if you bouhgt a $500,000 property you may 'own' $50,000 of it but you would be guaranteeing $500,000 loan. Each subsequent loan would look at you owing $500,000 but only getting an income of 10% of the rent…

    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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    @terryw
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    JimmySprinkles wrote:

        Im fine with most of the situations you state.What is it you talk about the 50% CGT discount..

    Company pay a flat rate of 30% tax. Individuals get a 50% discount on capital gains for assets held longer than 12 months so would pay a max of 24% CGT.

    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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    @terryw
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    JimmySprinkles wrote:

            Thanks very much Terryw.At a guess If we had ten guys all on around 60 thousand gross per year,would a company opened up with the same ten names have much income tax return issues or implications on there personal tax returns.Thanks heaps. 

    Heaps of issues but income tax probably won't be much of an issue.

    Does this breach the Corporations Act managed investments without a prospectus?

    How many directors?

    How many shareholders?

    Who would be shareholders?

    CGT 50% discount

    Loans – who guarantees?

    death – what if one shareholder dies?

    bankruptcy – shares fall into hands of creditors.

    Divorce – shares fall into the hands of a spouse, family court orders over company etc

    shareholder's agreement for various issues

    injecting money – loan or equity?

    etc etc

    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

Viewing 20 posts - 3,381 through 3,400 (of 16,328 total)