Forum Replies Created
I think tax planning is most important with considerations of asset protection and planning for further investments.. Probably need a tax adviser and lawyer
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
What do you mean by "second is hybrid 1/4 ppor and 3/4 ip (farm with house) $360000 loan"
Is it a mixed purpose loan or a large farm with 1/4 used for your home?
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 was on a mobile device when i wrote the above, so let me elaborate why you should not use a company:
1. No 50% CGT discounts for companies
2. Income of a company does not retain its character. Capital gains will be passed on as dividends to shareholders – which may not help a shareholder who has a capital loss from another investment for example.A better way to join with someone is to use a unit trust with a company as trustee and the units owned by the investors – who could then use a discretionary trust to own their units depending on the circumstances.
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
Its a good idea to try to educate yourself, but there is only so much you can do yourself. I have been like that and have completed course in law (including masters), taxation, mortgage broking and am now doing financial planning including super. But I am still learning new stuff everyday.
I think you have to know the basics and then use professionals. What you know should confirm whether they are broadly on the right track or not. eg. a planner recommending selling a property and investing in a plantation should ring alarm bells, but a tax specialist who recommends XXX and backs up their suggestion with references to legislation etc might make you more confident.
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. yes
2. yes, if you rent it as furnishe
3. could possibly be CGT depending on circumstances
4. yes. which state/city are you in?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
Rather than A pty ltd company a unit trust would be much better
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. But just make sure the bank won’t class it as a missed repayment and default
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
Dloy wrote:Hi Sundance,It would definitely be better to pay down the loan as quickly as possible so putting the money straight back into the mortgage is highly recommended. Along with any other spare cash you have. (Paying an extra $100 a week into a 30year mortgage on a $360k property will save 10years and $200k worth of interest!)
Have you set up an offset account to make payments into? If so, you can still withdraw the cash if necessary and it would be far more beneficial to have it there than in your bank account.Kind regards,
DerekSorry, I would have to advise against this.
Paying down loans is generally good, but as this is an investment loan then the person should be paying into a 100% offset account to avoid tax problems.
Remember money paid into a loan is new borrowings when withdrawn
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
Often those socalled specialises aint really specialists but just sales people who get kickbacks from referring to others.
One of my friends signed up with an expensive accountant with inhouse fin planners an borkers where they all work together etc etc. But in reality it is a just an average accountant who refers loans to his local bank an who also has a distant referral relationship with a fin planner.
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
Stay clear of brokers selling properties off the plan!
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
Damage not so bad – you have just tied up $20k thats all. If you have no cash and need $20k, for example, you would have to borrow it and then the interest on that would be 7% pa or whatever your loan rate is = so about $1400 pa in interest. So essentially, if you were to buy a place to live in you would have $1400 pa less in tax deductions each year.
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
hang on – you cannot just redraw money. If you do that you will end up with a mxied purpose 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
I would recomend IO loans with no extra repayments but putting all cash into an offset account.
Never pay down investment debt while you do not have a main residence – otherwise you would have to borrow more to buy one = bigger non deductible debt.
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 is dangerous for the average client out there. most would be none the wiser
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
he he good one Richard
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 stamp duty on each transfer would have to be at market rates ie on market value. Also. Cgt or income tax would be at market value.
In Nsw you. An generally only get owner builder license once every 5 years. However if you were a builder then no need for the license as you would have a builders licence
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
This is an australian investing site.
Same or very similar principles would apply though
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 this in Australia?
Sounds like you mean:
1. Create a company as trustee and legal owner of the property, and
2. the company will act as trustee for 3 separate trusts. 1 for each family.I would not recommend this because. Setting up a company is cheap so you might was well have a separate company for each trust.
You need to worry about control of the company. 2 families could control the trustee and disadvantage the 3rd family. There will also be deaths and divorces possibly and control could pass to others outside the family.
If there is one company then all members would have to guarantee all loans too. Bad for asset protection and bad for serviceability.
The only positive point is you will only have one asic fee each year which will save you about $220 pa per company.
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 most important thing is the trust too – this may have to be in existance before signing contracts.
Changing company name can be done cheaper by going direct to ASIC but this needs to be done quick and before settlement as it would be a hassle to change the name on the title of the land and the mortgage etc after settlement.
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
Before you go any further you should get some good legal advice as there could be asset protection and tax strategies you could utilise.
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



