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They are not accounting structures but legal structures really. A trust is not a separate entity but a legal arrangement where a trustee owns property on behalf of beneficiaries. For tax purposes trusts are treated as separate entities so a trustee buying a property is ignored and the trust is assessed on the property. Therefore from a tax angle it doesn't matter whether the trustee is a person or a company as the tax consequences are the same. ie any losses would still be attributed to the trust.
BTW, there is no way you would want to use a company to own property.
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
Is the 'business' securing a loan?
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
In that case a third party wouldn't probaby be a beneficiary of your trust so you would have to transfer part of your business to them. In NSW this would involve stamp duty. You would also be up for CGT if there was a profit. Then you have to factor in what do they get for their money, how do you compensate yourselfs for working extra if they won't be working in the business. An investor will probably want to pay so much as they would recouperate their injection within 1 to 2 years.
Watch out for disputes. make sure you have a written agreement on how to resolve these. He may accuse you of playing down figures etc.
What if he wants out, divorces, or goes bankrupt too? or dies!
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
Best to avoid partners if possible.
What structure holds the 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
If your going to sell then maybe a discretionary trust would be good. Could use the same trustee as the unit trust or personal trustee.
This way any profit could be flexibly distributed – including to the unit trust if need be – to off any losses and save tax.
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
Derek wrote:Terryw wrote:That changes things The cost base will be the market value at the date of death.Is that because property was bought pre-1985?
Yep. see item 4 in s128-15(4) ITAA
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s128.15.html
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 signatures evolve over time.
There is no register of signatures and you could change yours at any time. This doesn't affect any contracts entered into as you would still be the same person – generally speaking.
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
Does your mortgage agreement allow you to assign the debt?
I don't think this would be effective for social security purposes.
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
That changes things The cost base will be the market value at the date of death.
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
The answer will depend on many things.
Was it the main residence of the deceased? Was it pre 1985 property? Is it your main residence? Do you inherit via a trust? etc
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, probably should get a valuation as of the date it ceased to be your main residence.
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 could be eligible for full or partial exemption
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
Thanks
here is the link
http://itunes.apple.com/au/app/commercial-property-made-easy/id541510448?mt=8
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
Agent Orange?
sorry
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
The legislation says
"118-145(4) If you make the choice, you cannot treat any other * dwelling as your main residence while you apply this section, except if section 118-140 (about changing main residences) applies."
So you cannot treat the first house as your main residence if you treated your house overseas or the one in QLD as your main residence during the same period.
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
Me too!.
I hear she even gives back rubs on Wednesdays to each tenant and cooks them a meal on fridays.
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
boney bream wrote:I did give my tenants a carton of beer and a bottle of bubbly as a gift. They have been great doing odd jobs at no price.Can this be tax deductible (Terryw), they probably saved me $500 in costs.
You will have to substantiate why it owuld be deductible. Possibly it could relate to expenses incurred in producing an assessible income.
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
PLC wrote:So therefore, the spouse can then legally claim the full loan value as deductible debt, even if it is above the original amount, yes?Yes, it would be just like a normal purchase.
see
ATO ID 2001/79 http://law.ato.gov.au/atolaw/view.htm?docid=AID/AID200179/00001
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, it wont help with the finance, but if you were running a sheep farm it might be treated differently to a non-income producing house on land.
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 this will def affect the LVR. But exactly how will depend on what sort of property it is and where it is.
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



