Forum Replies Created
Yes, I was correct
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.140.htmlI remember it because it is just before the absence from main residence section on 118-145
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
Ok, true about the claiming of the rent.
Income the SMSF makes is not tax free. The rate is 15% for most income. eg. rent received by the SMSF is taxed.
The SMSF also pays CGT. if it sells a building it pays CGT at the rate of 15% or 10% if held more than 12 months.Then there is the time when you are receiving a pension or a lump sum from the fund when you have met a condition of release.
If you are drawing a pension and the fund is fudning this by selling a property it can be sold CGT free. your pension should also be tax free to you too, generally.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
Financial_Help wrote:It is really important to pay all the debt before investing on property. If you do that you could easily get a lender and also help you to get a better loan for investing on property..;Ridiculous advice from a spammer.
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 meant with a broker too.
Where are you located? I know an excellent accountant in Sydney. PM me for details.
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
Get a second opinion?
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
After 6 months one will have CGT applied to it. From memory it is s118-140 ITAA 1997.
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 have missed something. you the tenant would be able to claim a deduction for the rent of the premises from your SMSF.
The income from the SMSF is taxable as is capital gains, but the tax rate is much lower than being held outside. CGT for eg is just 10% if the asset held more than 12 months. Income tax is generally 15%, but the fund will be able to offset the income from rent with deductions for expenses such as depreciation and interest etc.
Once you meet a few conditions the income from the SMSF can be received tax free and also any asset supporting this income stream, pension, can be sold CGT free as well.
Not to mention the asset protection benefits of a SMSF – better than a 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
Cross securitisation is simply using 2 securities for the one loan. So if there is a default the lender can take possession of either property. It also ties you up and restricts your borrowing ability as outlined by Richard.
There is no reason to cross.
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
Leverage as in discounts?
Now leverage is not your problem. Finding a lender that you can fit in is. Lenders won't really let you muscle them into lending to you either. You either qualifty or you. If it is borderline then maybe.
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
Best to use a broker think,
Using different lenders will help a bit, but you will come to a time when you are maxed out. Increasing the rents and your wages will help but it can be a slow process.
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. too late. You have paid the money.
2. Apply to the bank to release security or move banks by refinancing it and fixing at the same time.
Since it is just a $25,000 shortfall to 80% LVR you may want to wait a bit for some growth and then refinance.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 could elect to treat the flat as your main residence and claim the CGT exemption for 6 years and pay little to no tax. But this would mean your new house would be subject to CGT up until the flat was sold.
Or
You could treat it as your main residence until 2008. This is going from main residence to investment property so a valuation would be needed for the time you moved out, ie in 2008. S 118-192 ITAA 1997.
Catalyst is wrong because the proportion calculations only apply when going from an IP to a main residence, s118-185 ITAA.
Only a licenced valuer can give a valuation.
Say it was worth $200,000 in 2008. You sell for $250,000 = $50,000 gain.
Deduct buying and selling costs say $20,00
Gain is thereby reduced to $30,000
Apply 50% discount = $15,000
This $15,000 is added to your taxable income and you would likely pay a max of $7,000 in tax.
I am not an accountant so this is probably incorrect.
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
With 1, don't pay it off but use an IO loan with 100% offset. Paying it off will tie up your money and will result in 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
Qlds007 wrote:And dont take advice from friends down the pub who tell you "I think the ATO are investigating Trusts" or "My friend at the Bank recons managed funds is the way to go and he has a mate who can get you into the fund".These friends spend 40 years telling you all the reasons why you shouldnt take action and then on retirement want to come and stay at your place and enjoy the riches of your investing.
Cheers
Yours in Finance
Well put Richard.
And then these friends will also talk about you behind your back saying how 'lucky' you were because you invested in xxx
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 develop a plan and stick to it. When your mate comes over and tells you how he could make $1mil by investing in x – beware.
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 make sure you focus and don't get sidetracked from your 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
Do both.
Def any cash received should be paid off the home loan rather than straight into an investment – or into an offset and then borrow to invest, if you have enough equity.
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 Johann
Usable equity would be [$410,000 x 80% (or 90% maybe) ]- existing loan.
You should be able to pay out that $100,000 in less than 2 years.
For the business have one person operating it only, to reduce risk, and further reduce risk by using a Pty Ltd company. The company can employ the other if need be, or have the shares owned by a DT so as to add tax flexibility.
Not sure how you are doing that with the business – paying for the home and hope you have sought advice. if the business is leasing part of the house then the CGT will be lost.
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
A discretionary trust is probably the way to go. Accountants and lawyers can set them up and you should use an expert because there are so many issues to consider.
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 have some misconceptions regarding trusts.
Trusts can claim depreciation and there are no tax issues – but this shouldn't be your major concern. They can be set up very quickly. There are no stamping issues with trusts in QLD (costs $500 stamp duty in NSW).
With Tenants in Common you also need to remember what happens at death. (I am not talking about heaven either!). Make sure you have a proper will in place and one that takes into account any loans secured by the properties.
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



