Forum Replies Created
- jaideepm wrote:Hi Guys,
Am pretty new to property investing and know very little about the how SMSFs work, but going through the thread i understand that the biggest hurdle is that no lender overseas would be willing to lend based on the regulatory requirements in Australia. My question then is what if there is no lending involved or if the lending requirements are fulfilled by a private loan from say a family member. I am in a similar situation and would like to setup a SMSF to invest in India. I have 2 options either pool funds with my Dad or to use my own money, which i must add would mean over 90% of my currently SF balance.
Any thoughts on whether this would work?
regards
Jai
Jaidee you must be Thai!
What you are proposing about is dangerous. have a read of s65 of the SIS Act Lending to members of regulated superannuation fund prohibited
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Thats your first problem – not using a lawyer.
Why are you being issued an invoice if you are paying a deposit.? Where is the money going to?
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
Why are you going to a bank for advice re setting up SMSFs? They wouldn't know much about this area.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
jmsrachel wrote:I bet the bank won't lend, too high of a riskMy bank is willing to lend me up to 80c to buy that land. I am looking for a JV partner to finance the remaining 20c.
Stamp duty must be more than the land too!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Never lend any one money – unless you don't expect it back!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Rory Breaker wrote:My accountant wants to charge $770 for set up of a discretionary trust. Is this a good price?What ongoing costs can I expect come tax time?
Is it a good trust deed? Does he know what he is doing?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
ok, I admit defeat! Change the word 'many' to 'some' in my post! I know of at least one that has a minimum loan size.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You say you want to borrow $340,000 on a place valued at $350,000 and will be selling a house for $560,000 with a mortgage of $350,000.
The sale should net you $200,000 which you could use for the current purchase.
Could be doable from equity pov. Income seems ok too.
Best to speak to a broker.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
$50k probably aint enough. Many lenders have a minimum loan size of $200,000.
1. Do you want to purchase from a SMSF? Or in a SMSF?
2. Do can't set up a SMSF as a company, but you can have a company as trustee and this is preferrable.
3. Not correct. If your SMSF sells CGT is charged at the rate of 15% or 10% on assets held more than 12 months
4. Doesn't have to be funded from existing funds, but can be borrowed from yourselves.
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 think the 6 year rule could still apply if you are a non resident. But CGT is generally more for a non resident because no longer get the 50% discount.
And watch out for non land based assets such as shares. Becoming a non resident could trigger CGT as you are deemed to have sold them at that point.
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
There is a template in excel. Search on "amortization"
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
After using the new site for several weeks now my overall opinion is that it is that of all the forums that I write on this is the worst in terms of setup. Software maybe.
I much perfer the set up of somersoft forum. Not the content (well content too) but the actual board softtware behind 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
I know a few. But are you prepared to pay for the advice?
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
Its silly to pay down an investment loan while you still have non deductible debt, even if your investments are in trust and you have no income.
BTW, an adult can earn about $20,400 pa and pay no tax.
Trusts can distribute from one to another, but you must be careful not to distribute to a newer trust as you could infringe the laws against perpetuities. Also the income to the recipent trust cannot be offset by just spending it, but can only offset it against expenses.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Qlds007 wrote:Thanks Ikhan for the positive endorsement on your first post.Cheers
Yours in Finance
I see he hasn't stuck around very long either. 1 post! It makes you wonder doesn't it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I am concerned about people just buying inferior properties because they are 'cashflow' positive. Over the years I have seen many people do this. One went bankrupt.
Cashflow positive is largely irrelevant. What you want is a good property that will make you money long term. What is the point in buing a property than brings in $20 per week if it doesn't go up in value. What happens when the hotwater system breaks, or a vacancy or rates go up.
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 happens when rates go up?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There is no point in buying a property just because it puts $100 pw in your pocket. You need to consider whether there is growth potential which is much more important.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
changing names would trigger CGT and bringing money into Australia is generally not taxable so working or not doesn't really matter. For further investing it would be worth considering though.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



