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  • Profile photo of TerrywTerryw
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    @terryw
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    Are you saying you borrowed money and parked it in an offset account?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I think you need some expert and expensive advice which may save you a fortune.

    Cash in a company can be got at by borrowing, but there are strict rules regarding this. Division 7A. Need a written agreement and must charge certain interest rate etc.

    You would probably want a new trust set up and borrow from the bucket company and then build up investments in that trust. Once it gets to a certain level then a new trust should be formed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    The purchaser.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    its likely the vendor will have to pay two lots of commission too

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    aan offset is a savings account  so if you have used money from an offset then there is no interest incurred. it is like using cash.

    but if u take money out of an offset the interest on the loan it is attached to will increase  so indirectly interest is incurred.

    if the loan is investment then it will result in savings. if the loan is not deductible then there will be no change in deductibility. the interest on the home loan will increase however and this extra interest wont be deductible which means you will be losing out. therefore it is better to borrow to pay investment expenses rather than use offset money

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    aan offset is a savings account  so if you have used money from an offset then there is no interest incurred. it is like using cash.

    but if u take money out of an offset the interest on the loan it is attached to will increase  so indirectly interest is incurred.

    if the loan is investment then it will result in savings. if the loan is not deductible then there will be no change in deductibility. the interest on the home loan will increase however and this extra interest wont be deductible which means you will be losing out. therefore it is better to borrow to pay investment expenses rather than use offset money

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    aarons idea about the caveat is a good idea too. it will speed up the resolution as they wont be able to settle

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    vendor is locked in – possibly to both contracts.
    what state is it in?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Android is the way to go now. I am ditching my apples because of the cumbersome need for itunes.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    mcgrandles wrote:
    not sure if this will help —- i was told that my son could only  borrow up to $70,000  for a home loan and he would qualify for the FHOG he would then become part owner of the property – told any other way can become a legal nightmare  

    Would you mind rephrasing this????

    Are you saying someone recommended your son buy a property with others? If so he would only qualify for the FHOG if all the other purchasers also qualified and they would only get one FHOG between them

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Possibly not without any income.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, i agree Richard. In fact I said almost exactly the same thing in a PM exchange with V.

    The DST is still worth considering, but maybe down the track.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Don't think that is a good idea Hank – or even possible. Victoria's brother has a disability and is in need of a carer. If he has an intellectual disability then it wouldn't be possible for him to act as a director.

    A special disability trust would be much more advantageous because of the ability for the house to be owned by the trustee of the trust and be CGT free. This is not available with discretionary trusts. There are also land tax exemptions which may be available.  The trust is even able to retain income and have it taxed at the beneficiariary's income tax rate – whereas it would be taxed at 46.5% with a discretionary trust.

    Victoria even if you don't use the SDT to purchase property now you should nevertheless  look to set one up for your brother so he can take advantage of tax and other benefits.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Victoria – make sure what you read about SDTs was currently. I think the legislation only changed this year.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Richard, Do you think Victoria could borrow as a trustee for a SDT with her brother as beneficiary?

    As i type I am thinking and they may have a problem with no rental income, and other restrictions associated with the trust….?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    CHris, i am not following totally.

    If you transfer ownership you are out of the picture. WHen you evenutally sell the partner will be up for any CGT and may not be able to claim an exemption for yourshare if he didn't live in that share and establish it as his main residence. He may also miss out on claming the exemption on the other share of the house that he owned from the beginning if you had claimed a main residence elsewhere during the same time period .

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Have you considered doing both?

    Buy a main residence, live in it briefly and then move back home and rent it out.

    Claim all associated costs and retain the CGT exempt status.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    You will probably be exempt from land tax on the NSW one. You will need to look into the land tax requirements for ACT to see if you need to pay land tax and if there are any exemption provisions for absence from main residneces (assuming it was a main residence before). I don't know anything about ACT and land tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, the land tax office needs to know. They have different criteria too.

    In NSW there is a 6 year exemption for absence from the main residence but it is much more complex than the income tax version. Very hard to qualify for too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Partners – as in spouses – can only have one main residence between them.

    CGT is calculated at market values too so when you transferred your interest to him you would be up for CGT on amrket value at the time of the transfer – unless the exemption applied.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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