Forum Replies Created
good find wobbly nice easy to understand examples
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
Another tip is to read the whole contract word for word. You would be amazed at how many people who enter an agreement without knowing what they have agreed to.
Start at the special conditions and take special note of these and then read all the standard conditions clause by clause. If you want something changed then tell your solicitor and they can ask the otherside for it to be changed. It may not always be agreed upon, but doesn't hurt to ask.
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
Well you will be using one anyway so why not get them to show you how to make offers with a few conditions. Should cost much more if anything.
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
Don't tell me you are going to buy a property without legal advice?? Spending $1000 now could save you hundreds of thousands later.
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
Under contract law if an offer is accepted then there is a binding contract. But for land this is qualified by legislation which states that an offer to buy or sell land has to be in written form to make it binding. Doesn't necessarily have to be in the form of a formal contract. Could be on the back on an envelop
So if you are making written offers seek legal advice first.
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
Thats ok as long as he doesn't catch the disease 'analysis paralysis'.
I have been studying trusts for about 13 years now and am still learning.
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
Think it thru.
The one loan was used to purchase the property as a whole. So it can be attributed to both blocks. You will need to speak to an accountant about the portions but it should be split into 2 loans. You can have both loans stand alone with no cross security used.
Tax deductibility shouldn't be an issue if you intend to build and rent or sell.
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
KrisM wrote:Great help Jamie, it's appreciated.Terry, thanks for your expertise on land tax. I hadn't thought of things that way. It would make a lot more sense to get a few properties under our belts and utilise the benefits as indeviduals before creating companies and the like.
The little ducks are starting to line up.
Cheers
KrisIt may make more sense from a land tax point of view but this is only one thing to consider. Sometimes it may be worth paying more in land tax (which is deductible too) to get some other benefit such as:
– asset protection
– income tax flexibility
– trust assets not forming part of your will and safer from being challenged
– flexibility
etcTerryw | 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 will be selling new units so 1/11th of the price on them would be GST.
Against this you would be able to claim any GST claimed.
You may also want to look at the margin scheme
Not sure if the demolition can affect thngs such as GST, it will affect CGT.
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
Apartments do go up in value. But when you think about it the land content in apartments is small as you have so many unit owners on the one block of land. So most of the cost is building cost and what happens to buildings as they age – they depreciate.
Now also consider all the strata issues. The lack of control. One of my friends owns a strata unit in the city and he was complaining about the outrageous prices they pay for everthing such as $2000 to replace a bent hook for a punching bag (that someone was swinging on). If you are on of many you have no control and will be outvoted.
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, companies and trusts are extremely complex and 99% of those going into them don't understand most of the issues.
Land tax is a state based tax and the laws vary will from state to state. So wether you will pay more in land tax by using a trust will depend on what state you are in and what other property you own in that state. eg. In NSW an individual will get a land tax free threshold of about $370,000 in land other than their main home. After this they will pay 1.6% pa in tax based on the value of the land exceeding the threshold amount.
so if an individual that owns no other land were to buy a house valued at $600,000 with $300,000 land value then they would probably pay no land tax. But if the individual already owned say 5 houses then he may pay 1.6% x $300,000 pa = $4800
But if a trustee were to buy the same block there would be no tax threshold. So the trustee would pay $4800 pa from the start.
So if an individual with no other investments then a trust would cost $4800 pa extra in land tax compared to buying in own name.
But if the individual already owned a few houses they would be paying this in land tax anyway so no extra.
(this is a lot of money to fork out each year!).
If you were wanting to start investing with others then you should use a new entity. You probably want to look at a unit trust in such a case. But you could have the units of this trust owned by your discretionary trust.
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
Wes,
If you had $300,000 cash in the bank would you be tempted to buy something you may otherwise not have bought? Many would.
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 would be inclined to go for IO with offset right now. Every dollar you pay off this loan means you need to borrow another dollar for the new PPOR down the track. And that means your tax position will be getting worse.
Also the $15k separate savings account, you might as well put that in the offset.
Then set up a separate LOC on this house. This LOC will be for investment expenses such as deposits and every other cent you spend on the next investment property other than interest – eg. rates, insurance, deposit etc.
Every dollar borrowed for your investment frees up a $1 for your new ppor and enhances your tax position. Never use your offset money for investments.
Generally, never have 2 directors of a company. It only doubles the risk. If something were to go wrong it would be best if only one of you went down with the company. Having one person can ehance borrowing capacity too because the other person can avoid giving a guarantee. But, it may be necessary to give a guarantee sometimes – at least with this way you will have a choice.
Be careful with land tax when buying in a trust and watch out for losses.
If you are buying in rural area make sure you consider things carefully. There is generally less capital growth which is the main driver in getting you rich.
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 that is the beststrategy just in case..
he only reason not to do this is if you are tempted by large sums of money
tTerryw | 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 VIC Mooreslegal are the experts at structuring.
From an accountant I would say around $2000 for a company and trust would be about right depending on which deed they use. I am not sure what the stamp duty on the establishment of the trust is down there.
James from House of Wealth should be good because of his DNA. (james son of dale)
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
Ruslan wrote:Hi there, I hope all is well I thank you all for the information you have provided above. However, my questions are still not answered; Firstly, why not to buy an investment property and set it up as a business separately to whatever you do? I ask this because I read in the book where advisor said that it is dangerous when you put your property under business in which you work but good if you set a separate business solely for your investments. Secondly, what it is the best structure to buy an investment property? I worked in property management before, and we had property owners as Pty Ltd and Trusts. Which is one is the best? Finally, my partner owns a property and I now want to invest into the same property in which we live. We want to make it an investment in the future – is that possible for us to change ownership and make it our investment property not home? As far as I know that taxation is totally different when you buy investment property or as owners occupiers? Thank you for this opportunityRuslan,
Your question is a bit vage. A 'business' is just a generic term, not a legal entity. Only legal persons can own property. A company is a legal person. A person/company can own in their own right or as trustee for a trust.
You should not own a property in a company in its own right because:
1. CGT will be higher
2. Income from the property will be taxed at fixed 30%
3. Income from a company does not retain its character. So a CG flowing through to an individual will not remain a capital gain, but will be dividends – which is no good if a person has a capital loss which they could offset.Def do not buy any asset in the name of a trading company as if the company fails the asset will be lost.
Look at using discretionary trust to own property. You cannot say that these are the best structures as what you consider best will be different to what others consider best, but for a property that makes a nice profit these will be hard to beat.
It is possible to change ownership down the track but you will be up for stamp duty and CGT and legals and new loas 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
That sounds about right
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
Hi Rob
I really think trusts and companies should be set up by lawyers because legal advice is necessary. Tax advice is needed too and this can be handled by the lawyer or a tax accountant.
For example, do you know the duties of a director under the corporations act? Do you know what happens on the death of a person behind a single director/shareholder company?
Did you know that you could lose control of the trust? Look at the current Gina Reinhart case.
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
Well, at least you should be able to claim all the GST on the costs associated with the development. Is the entity registered for GST?
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
Refinancing won't change deductibility but withdrawing money paid into a loan will. You cannot take out money you parked in redraw and have the interest on this portion deductible even if you had good intentions and the period was short.
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



