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The company or LLC would then have to be acting as bare trustee for the SMSF. SMSF couldn't own the shares in a standard company acting in its own right could it would breach the rule against investing in a related party.
It would be complex acting as bare trustee too because of the different laws regarding trusts in Australia and the USA. You would need to see a specialist SMSF advisor.
Where is superman ?
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
Would those companies be related parties? If so then your SMSF would be prohibited from acquiring the shares. There is an exemption if it wouldn't result in exceeding more than 5% of the funds total assets.
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
Not sure of the finer details it may also depend on when the house purchased best to ask am an accountant
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 stamp duty would be claims me as would legals on buy sell. U may have to add back depreciation 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
You can do a quick course at the REINSW. takes about 2 months.
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
$150,000 'profit'
take off buying and selling costs, = maybe $120,000 profit
50% discount = $60,000 profit90% = $54,000 to him
$6,000 to youHe would pay a max of about $20,000 in tax.
You possible no tax.It is not so bad if this is the case. (very rough)
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
Can't see any basis for a stamp duty concession. Market rates would apply.
You could have a look at the Duties Act (VIC).
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
Why would anyone buy a property that comes in under valuation?
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
Wow. 3 posts all in praise of rpm.
Do you work for them? Of course not. Just a happy customer.
People. Do your own research and critically examine things before locking yourself 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
They will no doubt be arguing a verbal contract
Good luck with it and pls let us know what happens
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
Must be distressing.
That is something you will have to argue about. Whats your lawyer saying? You might have to bring the tenant in as a party to any court case.
On the other hand legal expenses are likely to be high and hte risk of having to pay costs to the otherside if you lose. It may be worth considering just to pay it and claim the deductions to help offset the costs. It would have improved your building too and added value. Maybe you could talk the tenant into paying part of 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
I see. In that case then the administrators can continue with the litigation. How much are they suing you for? usually they wouldn't bother as their fees would be more than the get back – good way to get paid 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
That must mean your tenant is under administration? What has happened for that to occur?
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
It is possible but only invest with money that you are prepared to lose
Foreigners cannot own land so you would need thais to help you even if forming a company you need majority thai ownership
Great place to retire to cheap, but bkk getting expensive countryside still very cheap
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 you mean debt collectors?
If so, then the electrician could have sold or assigned his debt. The new assignee would have the same rights to be paid as the original electrician – which is in dispute. It would be his arguments and evidence against yours still.
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
Who are the liquidators?
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
Sounds good. But how much did it cost you for the RPM fee? And was their service something that a good broker couldn’t provide for much less?
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
I am a solicitor and have a biased view of course. The problem with using a conveyancer is that they aren’t trained in other areas of law. Sometimes this other knowledge comes in handy when doing a conveyance – family law, succession, trusts, bankruptcy etc etc.
However, in many cases conveyancers do know more about property transactions than the average lawyer who may not do much conveyancing.
I have just sold 2 properties and used a conveyancer in one state and i used another solicitor in NSW rather than do it myself (because i was busy and to get an impartial second person involved).
I’ve also purchased over 12 properties without ever seeing them. Its probably not a good idea really because you will not know the general area there. It could be in a good area, but the worse street for example.
If you do buy just based on numbers make sure you use someone, such as a buyer’s agent, to investigate the property and the area 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
The bank saying they wouldn’t accept it unless under a discretionary trust is strange. Maybe it was more like ‘you don’t pass, but if you were using a DT it might”?
Also, it is strange that bank west isn’t really keen on trusts.
But it may work out better for you by using a DT
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
Can’t help with vic, but tell your advisor to look at partitioning the property under the duties act. ie when you buy it you buy in the same % share as the end ownership. Not sure if it can be done down there.
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



