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  • Profile photo of TerrywTerryw
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    @terryw
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    Taking money out of a redraw is considered new borrowings. So I agree with amie.

    Only the interest on the $15k would be deductible.

    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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    lend her some money? or encourage her to pay more than the interest each month. if she cannot efford to then she will have to sell eventually

    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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    Yes, tax is much different

    Children can only earn a few hundred from passive income before they get hit with penalty tax.
    Children can get access to adult rates if they are physically working however.

    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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    You misunderstand 'beneficiary' of a trust. No work involved at all for a child.

    If your company wants to employ one of your children then that is a separate issue. You have to watch out for employing under 18s.
    If you and wife both work for the same company then it is the company that employs people. If you work in separate companies then either or both (or neither) companies can employ them. Remember if a child is earning money then there are tax issues.

    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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    No, I was assuming the children were not working. But they could be employed by the business company.

    I was referring to them being beneficiaries of the trust that owned the property. (a company should not own property because of tax reasons).

    Incidently if both you and your wife owned a house each and used them as the main residence then only one would get the CGT exemption.

    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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    A business is just a concept not a legal entity or a structure. Only a legal person can own a property.

    So you would have a company or an individual own the property. The company or individual could be owner as trustee or in their own right.

    You would generally not run any business from the same company or in your own name, for asset protection reasons. So you would have one property owned by a company as trustee (probably). The children would be beneficiaries of the trust. You would then need to consider the terms of the trust to see if a beneficiary can use trust property and if so do they have to pay rent or could they live there free.

    If they don't pay market rent and there is a loan on the property then the trust won't be able to claim tax deductions in full.

    There may be also fringe benefit tax issues.

    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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    You have to look at the terms of your contract.

    Generally they cannot pull out. But if you have breached some terms then they may have a way out.

    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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    Great strategy if you have the cashflow to support 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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    Check with your tax advisor.

    But, as long as your are payng the interest each month then you should be able to keep borrowing to pay investment expenses. Put all rents and incomes in the offset on your home loan and only start to pay down the investment loans after you have no more non deductible expenses.

    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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    wobblysquare wrote:
    My understanding is that it is 6 years…although maybe I am confusing this with PPOR CGT exemption. However i also think it is not necessarily limited to this. ATO have, on occasion, still asked for GST on developments sold after this period.

    Wobs
    http://www.austlii.edu.au/au/legis/cth/consol_act/antsasta1999402/s40.75.html

    5 years according to the GST act

    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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    I have been in Japan for a few weeks now and first lived here in 1990. Prices in generaly have not risen since 1990 and some things have gotten cheaper. There is a problem with deflation and widespread economic pessimisim. I don't see things improving in the near future. Not the place to be investing in I think.

    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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    Why not borrow to pay investment expenses?

    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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    Christian,

    5 years is a long time! You would be better off in some sense, but also could be better off in selling and doing another project (or 2) in the meantime.

    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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    Yes, 5 years I believe.

    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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    One is a sale the other is an option to buy

    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 don't know the first thing about US property, you would need a lawyer over in the US if purchasing there.

    You could try Morrows Legal in Melbourne. http://www.morrows.com.au

    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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    I am sure Paul will post here shortly, but You may need to be licenced to sell under an installment contract.

    This won't free up borrowing capacity as you will still be the legal owner and have your loan in place until settlement.

    1. depends on the contract
    2. depends on the contract. The buyer may need to be compensated if you terminate though.
    3. put it in the contract or build it into the price

    5. Yes it would be for the extra work. $500 to $1000 approx.

    Have you considered a lease option?

    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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    Your missing something Sundance.

    If you default the lender can automatically take any security property.

    If you had them separate it would be much harder and longer for them to get their hands on non security property. You would give you more time to get back on track or to sell etc.

    If they are crossed and you try to sell one this will mean the bank will need to give permission for you to sell. They will need to revalue the remaining ones. If they have dropped in value or your LVR is unacceptable because of a change in policy then the bank can direct that you pay down the loan with the proceeds. This may not be a good point for deductibility reasons and for other reasons – such as needing the money.

    I had a friend who had 2 properties crossed. He had a heart attack and was trying to sell them but the bank stuffed him up and he went bankrupt as a result.

    Don't do it.

    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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    Yes, you don't know what you don't know do you.

    Same with all areas of life.

    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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    So a tenant wants compensation because they damaged their own car on a drve way that you don't own?

    Why are you trying to contact the previous agent?

    Just tell the tenants you are not responsible and won't be providing compensation

    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 - 4,181 through 4,200 (of 16,328 total)