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1. No. Costs can only be deducted to the extent that the relate to generating an income.
Some costs could be claimed against capital gains when sold though.2. Only one could be counted as the main residence at any one period.
3. Yes would pay tax on the rent.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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And ANZ have increased their variable rates!!!!!!!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Bank's don't usually revalue or call in residential property loans.
Sounds like you are doing things the risky way. There are ways to do it much more safer for you.
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
No appointor is a serious issue. You will have to read the trust deed and see if the trustee has the power to amend the deed to be able to add an appointor (probably will).
Make sure you have back up appointors on all your trusts too. What happens if the appointor dies. This is important because it could be the executor of your will if you do not name anyone – and this could end up being someone you don't want.
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
As long as the borrowed money was used for an income producing asset then you should be fine – (assuming it was directly used).
The property wasn't income producing then but may be now so the interest would be deductiblle – probably
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 you are buying properties to demolish you need to be buying at almost land value only. – probably. Demolishing a house can cost up to $30k plus when you remove the house the big drop in value.
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
And for a solicitor, google "Bob Balanda" he is on the gold coast somewhere I think. I think he had written some articles on getting out of a contract too.
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
jaiterry wrote:I spoke with another accountant last week who backed up what the other guy told me – that I don't really need to worry especially about the older redraws because it is my PPOR and the tax office is unlikely to be concerned. He has told me to put the 55K so that it isn't in question and I should be OK. Interesting…This is clearly wrong advice – legally anyway. Unless the $55k was borrowed and used for the property.
But if you are audited the ATO may not dig too deep or too far back so you may get around it.
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 trustee will be sued and the trustee personally liable. If you are trustee you and your assets are at risk.
Substituting trustees now won't help because the old trustee entered the contract.
Whether they can come after other trusts the answer is yes they can, but it will depend on how it was all set up and transacted. If you go bankruptcy then the trustee in bankruptcy cannot, on the face of it, take assets which you hold on trust for others. But there are lots of exceptions. Since you are the trustee of this trust too there may be a dispute whether you hold these properties in your own right or as trustee.
Your best bet in getting out of the contract is to go thru it with a fine tooth comb and make sure they have given everything or included everything that they are legally required to in the contracts.
If you have a strong stomach you could read this recent QLD case about a purchaser who didn't settle:
South Sky Investments Pty Ltd v Luppi [2012] QSC 27
http://jade.barnet.com.au/Jade.html#sy=261412Terryw | 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 can never have too much equity!!
If you have a house fully paid off then you are in a really good position. If you have an average income then you should be able to go far.
Slow but sure. Make sure you set up your strategy and structure yourself to maximise benefits.
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
And it may not be acceptable to the other 2 as the director is the one that controls the company. But worth considering.
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
KeyStrategies wrote:Terryw wrote:Trusts can be set up and run pretty cheaply, but they are complex and usually cost money in getting tax and legal advice down the track.There would also be stamp duty on transfers to the trust. It is probably not worth doing for equity of $100k.
If the main residence is in VIC then you may want to look at one spouse buying out the other as this could be done without stamp duty. This can increase borrowings and free up cash for the new PPOR.
Terryw
I like your thinking – paying unnecessary Stamp duty is painful – I am looking at selling a property between my Trusts and its going to cost around $10k (in QLD) just working out if it will be worth my while.
Key, why are you transferring between trusts?
If only you had held the property in a unit trust – you could then just transfer the units, possibly without stamp duty too
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 can change settlement dates if they agree. If the contract is conditional then you may not be in so much strife. Best to work out a new settlement date before it goes unconditonal as you will have more leverage over them.
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 are in a very dangerous situation. If you do not settle on time you could be served with a notice to settle and then you will have just 14 days (usually) to settle or you could lose your 10% deposit and be sued.
The vendor may be ready to settle on their new property on the day you settle on theirs. You not settling could have a domino effect.
What state is the property in?
I don't mean to scare you but read this case:
South Sky Investments Pty Ltd v Luppi [2012] QSC 27
http://jade.barnet.com.au/Jade.html#sy=261412The purchaser did not complete the purchase and was ordered to pay more than $400k in damages to the vendor.
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 will depend on a lot of factors.
Probably a fixed unit trust with a company as trustee. There should be only 1 director – why have more than 1 when not needed, it just creates extra risk.
Each person can have their nits held by a discretionary trust if they choose.
You must consider a whole load of things before setting this up though. The most important being finance – if you cannot get a loan in the structure then there is no point.
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 should have used a solicitor who could have added the extra conditions. Its too late now if you have signed contracts.
At least go and see the property and do the final inspection. Take details notes and photos. Check to see if appliances (the ones you will own) work.
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 should have special conditions in the contract and then do a final inspection before 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
You are lucky – in QLD there is no stamp duty on the trust formation. in NSW it is $500.
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 you already own the land then you won't be paying GST. But when selling new property you would have to charge the purchaser GST if you sell within 5 years. There may be ways around this.
You should seek the advice of a tax person.
A development company may need to be a registered builder too. You should look into the licencing requirements.
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
Trusts can be set up and run pretty cheaply, but they are complex and usually cost money in getting tax and legal advice down the track.
There would also be stamp duty on transfers to the trust. It is probably not worth doing for equity of $100k.
If the main residence is in VIC then you may want to look at one spouse buying out the other as this could be done without stamp duty. This can increase borrowings and free up cash for the new PPOR.
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



