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

    Ideally you would have a 100% offset account set up on the $150,000 loan – if you are going to be living in the place long term then have the loan PI if just renting it out for 1 year there is not going to be much interest saved by switching to IO so you may as well just keep on ploughing money into the $150k loan to get rid of it asap.

    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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    @terryw
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    It is fun, but very complex 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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    You mean conveyancer? In NSW we have lawyers and conveyancers doing property. In WA I think Coveyancers are called settlement agents but they are not lawyers and are not legally qualified to practice law.

    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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    JacM wrote:
    Terryw wrote:
    JacM wrote:
    How much do they owe you? You can get a company shut down if it owes you more than $2k and doesn't pay up. I remember Terry mentioned it once

    JacM are you referring to s459E of the Corporations Act?

    http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s459e.html

    Issuing a  statutory demand?

    Hi Terry, yes.  I remember it from this thread; https://www.propertyinvesting.com/forums/property-investing/help-needed/4344676

    Although it is very easy to issue and serve a statutory demand the next step could be very dangerous to the average punter.

    What happens if they challenge it? You would need to either withdraw or front up to the supreme or Federal court ready to defend it.

    If they don't challenge it then you will have to commence winding up proceedings and have an administrator appointed. Also in the Supreme/Federal Courts but much easier. Once this happens locks are changed and bank accounts are frozen and all the debts are paid or creditors are given partial or no returns at all depending on the assets of the company.

    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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    renel wrote:
    My settlement agent is reffered to as the conveyancer

    Maybe thats the problem!

    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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    What if one came in with $3000 more in tax deductions – how much would that save you?

    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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    JacM wrote:
    How much do they owe you? You can get a company shut down if it owes you more than $2k and doesn't pay up. I remember Terry mentioned it once

    JacM are you referring to s459E of the Corporations Act?

    http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s459e.html

    Issuing a  statutory demand?

    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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    Don't use a company as there are adverse tax consequences.

    You will probably need to set up several structures revolving around discretionary trusts.

    If you were in Sydney I could speak to you further about this.

    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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    Hi Jaideep.

    Sorry I though you must have been Thai because "Jai Dee" in Thai means kind hearted so I thought your user name was trying to say you were a kind hearted property manager (pm).

    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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    @terryw
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    Terryw wrote:
    ankitjain wrote:

    A) If a person does an individual SMSF then property overseas is in the persons name

     

    It is not possible to have a SMSF with one member who is also trustee. This is because you cannot hold property on trust for yourself so such a trust would fail. (SMSF is a trust).

    My wording was a bit vague here.

    I should have said it is not people to have a SMSF with just one member who is sole trustee. One member funds with 2 trustees is possible.

    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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    Your lawyer should be able to draw one up for you. It is a simple deed outling the gift and its terms. You could probably do one yourself.

    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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    Wonder where Jessie got that advice?

    That was the second post in one day saying the same thing.

    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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    You need a lawyer to provide legal advice and to do the conveyance. You should hire them before you sign any contract.

    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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    Ideally you should have done a deed of gift.

    If you were to go bankrupt the trustee in bankruptcy may look at your bank statements and query the transaction. You would say it was a gift and they will argue that it was a loan and is due back to you. You could produce the minutes of the trustees showing they accepted a gift from you.

    You mention transferring the money to the trustee account – where is it now? I think you may have used it to settle. Transferring it around and back again doesn't really change anything i think.

    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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    If you are owed money you could sue them for it.

    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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    The Dark Knight wrote:
    Thanks for the link Brady5 its got me thinking :) just a few questions for the pros on this subject out there.

    Can you withdraw the profits if you bought a cashflow positive property or do you need to reinvest it within the superannuation limits?

    Also how does the members thing work? Can unmarried partners pool their superannuation money together to purchase a property?

    Yes, unmarried partners, married partners, people with mustaches and eunuchs can all join together joint together to form a SMSF. But you have to ask yourself can you work with other people all together?

    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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    You should look at getting some legal advice as there are some strategies you could employ.

    Selling – agents commissions 2 to 3% sometimes this includes advertising. Negotiable. You will also need to use a lawyer or a conveyancer for the sale. Oh and commission is payable on the sale price.

    You should also look at the terms of the will. If your friend has been paying bills for the house then these may come out of the estate. If she has been left part of a property then this is hers unless the will says otherwise. Maybe it is the residue of the estate that get split up, that is the left over part after making specific gifts such as this property.

    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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    Why not get both and use the best one?

    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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    1 should be sufficient.

    You can actually claim expenses out right even if you borrow to pay them. You are looking at interest on borrowings which would be treated differently.

    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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    weathjess wrote:

    So I am about to redevelop a property I own. The bank will loan me some of the money, but there will be a short fall so I will borrow money from the SMSF (documented in the SMSF plan, and interest will be paid monthly).

     

    How do you overcome the law that SMSF are prohibited to lend to members or associates of members, s 65 SIS Act

    http://www.austlii.edu.au/au/legis/cth/consol_act/sia1993473/s65.html

    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 - 3,541 through 3,560 (of 16,328 total)