Forum Replies Created
- Kouts wrote:Im in Nsw also if you have anybody you can suggest i talk to.
I am a solicitor and mortgage broker and could give you some tips.
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
Have you been advised on a post death testamentary trust if there was not one in the will?
What about gifting the money to a discretionary trust and borrowing it back?
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 Lee
Sorry to hear about your parents.
I think your next move should be to consider legal and taxation advice regarding the estate. There could be significant tax issues there.
Then you need to consider asset protection.
After that consider investment strategies.
What state 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
Many things will need to be considered such as:
– GST
– CGT/Income tax
– possibilities of losses
– whether all or some will be retained
– personal liability
– personal guarantees
– borrowing ability
– other assets
– asset protection
– who the builder is
– financing
– land tax
– stamp duty
– estate planning and death (what if death mid way thru!)
– OHS issues
– parties involved
– control
– deposits
– franking credits
– family incomes
– centrelink
– length of project
– company loans, Div 7A
– legalities
– contracts
– forgiveness of debts and tax effects etc
– value of land
– value of build
– end value
– commercial or residential
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 can't expect an answer to this over the net. Its like saying I have a pain in the chest, what sort of medicine should i use?
Its extremely complicated. But if you get it wrong it could be costly – although no life threatening.
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
Paullie wrote:Hi guysMy brother and I are looking at starting a new business and we currently have SMSF setup and have not invested as yet.
I generally understand the arms length rulings for residential, and I do realise they are relaxed for commercial as well.
What we want to do is buy a commercial property, then lease it to a company we are directors of, to run a business. Is it a requirement to have a property manager or can we do this ourselves, seems to make sense since to me.
Are there any other things that could be an issue?
Still has to be at arms length. You must have contracts in place and everything you would do normally with a normal tenant. No need for an agent though.
You probably should get a valuation of some sort to prove market rent.
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
suarez wrote:Hey everyone
Even m thinking of buying an ATM. A friend of mine recently invested his money in ATM with the help of some company named national cash… have u guys heard of it………if yes plz let me know…
plz replyOne of my friends is losing money right now on ATMs. Doesn't sound like a good investment to me.
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 remember back 10 years ago a bank manager told clients to make a investment loan PI. Otherwise how will you pay it off? This is while they still had private debt. Could have cost them many thousands in extra tax.
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
Good point about backing up.
I use google for email and the google docs cloud where you can upload or even start documents which are held on the google server somewhere. So where ever you go you can access them without the need to have your files on your computer.
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
Kris
Security for the loan is irrelevant. If you secure the loan on an investment property to buy a new PPOR then the interest won't be deductible.
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
Each state has different rules. It may be possible if the purchaser is also the person behind the trust. You need to get legal advice asap as this will affect the loan you will be applying for.
You may also be able to terminate that contract and enter into a new one – which may be less risky 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
Just excel with one sheet per property and then link it all back to the summary sheet.
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
credit card? may work out cheaper
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
Morts
PI insurance wouldn't help if you had debts you couldn't pay.
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
Probably best to wait off on the bank a bit. Tell them only when it is all organised. Otherwise they may not lend or may want to class you as a developer or similar.
But best to talk tax asap.
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
Plus it is very hard to rent a place now in Sydney. heaps of demand.
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 would need to get the lender on board of course as you could not amend the titles while they are holding as security. Generally it is no big deal, the bank will consent to release if you pay down the loan on or before settlement to keep the LVR at the acceptable level on the remaining security.
Taxation aspects are pretty complex.
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 don't know what grounds you would have legally. I would just put it down to a unfortunate event and move on (no pun intended).
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, i bet you will read the lease next time.
I know it must be annoying having to move frequently, but there is nothing to stop a landlord from selling a property and the new owners not wanting to extend the lease.
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 throwing good money away!
You should have IO on the one you are renting out and PI (or ideally IO with offset) on the one you are living in. If you don't then you will be paying more tax.
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



