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it will depend on what you do. It could be $0 to $10,000 to set up with $0 to $257 to more in annual fees.
e.g. a gift and borrow back from parents would cost about $2,200 to set up and nothin to run.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
it will probably improve serviceability slightly because the assessment of existing loans is generally over a term excluding the IO period. e.g. a 30 year loan with a 5 year IO term will be assessed as a 25 year PI loan. Buti f you are 2 years into it and convert it to PI it would be assessed as a 28 year PI loan. The longer the loan period the lower the repayments will be.
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
Yes there are asset protection strategies you could use.
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
You should probably speak to a broker about working out your borrowing capacity before you start looking for deals as if you can’t borrow then you are unlikely to able to buy (without getting creative).
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
Get some independant legal 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
depends. It would be either CGT or income tax depending on the situation.
Don’t forget the GST aspects.
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
yes you would need an agent unless you can find a buyer yourself. Before engaging the agent you would need a contract of sale or speak to a lawyer about assignment/nomination.
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
perhaps, but consider what the consequences could be.
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
Only lawyers can draft legal documents. Most lawyer should be able to assist with a loan agreement.
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
movement of capital from a trust doesn’t in itself trigger tax. Only if it is income or capital gains will it trigger tax – consider stamp duty too.
If you have lent money to the trustee how is this documented? Is there a written loan agreement? If this would would have the terms of the loan. If not it is an oral contract and this will cause various issues.
Why do you think the government will be upset?
Why do you think a lending must incur interest?Limitations act is state based legislation which says an action cannot be brought after a certain period of time. e.g. if you make an interest free loan to me and there is no movement for 6 years you will be unable to sue to recover – nsw law.
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
Yes, there are a number of ways it can be structured. You will need legal advice on the foreign acquisitions and takeovers act and regs
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
ATo are only concerned about deductibility of interest.
Transfer of cash generally doesn’t trigger tax.You should consider the legal effects
– is it a gift or a loan?
– how is it documented?
– if a loan what is the interest rate?
– limitations act
– who the trustee is
– what happens if you lose control of the trust?
– what happens if you die?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
Most lenders will treat guarantees the same as taking the loan itself for serviceability purposes so using a ‘trust’ will not help in this regard, but could hurt because any loss will not save you tax so negative gearing addbacks won’t help.
But careful structuring of a trust can also improve serviceability in other ways. I think I have written a thread about this on here somewhere.
Also you need to consider the other legal, taxation, estate planning etc issues with using trusts.
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
If you are not registered for GST you cannot add GST to goods or services
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
wow, what book did you read!??
What is the issue?
Transferring the property to a trust or declaring a trust over it will result in stamp duty and trigger a CGT event.
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
1. Not really because rental income would need to be paid if you didn’t live in it. very ball park figure though.
2. title will show legal ownership %. If this is to be varied due to some sort of agreement the terms of that agreement will need to be evidenced.
If you meet a condition of release you could possible access super.
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
You don’t mention if your mother has passed away or not.
1. You won’t need a deposit if you are inheriting your mothers share of the property. As a guide roughly 6 times your annual gross income will be the max you could borrow.
2. Has probate been granted? Who is the executor?
3. Yes, ask for the terms of the agreement and a work out of their reasoning.
4. Legal advice might be a good idea as would credit advice if you are getting a loan.
5. Yes, you could do a few things potentially.
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
Could be a ruse to get you to lower the price.
You could either
a) reduce the price by $25k
b) stand firm
c) lend them the money, or
d) meet half wayYou need to consider whether you could find another buyer for the same or more.
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
Forgot to add, these days brokers generally can’t even submit their own loans.
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 became a broker because I wanted to get paid for my own loans. But these days it would cost you around $10k to $20k to become a broker plus the ongoing costs would probably make it not worth your while unless you wanted to start a business.
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



