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I assume that the granny flat is on the same title as the house? If so both tenants will need to buy the wholre property jointly. Or maybe you are approaching each separately about buying the whole place??
1. A contract for the sale of land.
2. They would have already entered into an agreement to buy and exchanged contracts. If they did not follow through and settle then they may lose what they have put in. But this could be challenged in a court as it may be inequitable.
3. Maybe
4. The biggest thing that can go wrong is that they stop paying you and you have to 'evict'.
5. Maybe work out some figures and then go to see them.
6. yes
7. Possibly means they are on a low income which may mean you need to assess whether they can afford to buy the property.Also you must think about how much you are potentially losing. What if the property increases in value. You won't benefit but the tenants will so you are essentially giving up future capital gains to save some minor expenses now.
You also have to look at if you need a credit licence to be able to offer credit.
Might also want to consider a lease option.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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There is no basis for that claim by the ATO. That is wrong advice and you shouldn't rely on it.
If you want to ask the ATO a question you have to do it formally and ask for a private binding ruling.
I bet if you ring again you would get different answers.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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
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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
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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
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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
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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
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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
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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
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Great strategy if you have the cashflow to support it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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
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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.html5 years according to the GST act
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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
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Why not borrow to pay investment expenses?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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
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Yes, 5 years I believe.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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One is a sale the other is an option to buy
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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
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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 price5. 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
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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
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