Forum Replies Created

Viewing 20 posts - 5,301 through 5,320 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Without the fee the depreciation schedule would be the same too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Do you think you may need any cash in the future. eg if you are buying a main residence or upgrading. If you pay down a loan you will be short of cash meaning you may need to borrow more non-deductible debt.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Andrew

    If your wife owns the property then getting the LOC in your name would mean she has to guarantee the loan, this adds double the risk as you are both on the line.

    You should probably only pay the LOC back if you have paid off all personal debt first. Personal debt is not deductible whereas investment debt is. You don't seem to have any personal debt, so you could pay off the LOC, but it may be better to just place the spare cash into the 100% offset account attached to the IO loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    ownership issues need careful consideration.

    Buying in your name now may help you reduce your tax by negative gearing in the short term, but what happens when the property starts making a profit? You will end up paying even more tax.

    You should also consider asset protection and estate planning issues.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Whose name will you get the LOC in? Probably best just in your wife's name

    1. Yes. Your wife could borrow the money could lend you or the trustee of your trust the money.
    2.  Yes.
    3. Probably best to use the LOC. Then set up a 100% offset account on the new IP loan and place your cash into that. If you use your cash now then it will be tied up in the investment and then you cannot use it for personal stuff without reborrowing it. Then you could have to pay non deductible interest to access the money.
    4. IO loan. Or cross collaterise the security (not good). I think a LOC is the easiest and safest way.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I would suggest that it is not a good idea to have two directors of a company. There is no advantage and it doubles your risk.

    1. Not necessarily limited to commercial loans.
    2. Basically its the same as borrowing as an individual. Bank will look at your personal income.
    3. Having a trust will not stop you being maxed out. From my experience that book is incorrect on this. The reason for acting as a guarantor is that the company is a mere empty shell with no substance. If a company were to get into trouble the individuals behind it could just walk away leaving the bank with nothing but the security no one to chase. Hence the personal guarantee.
    You may be confusing this with family guarantee type loans?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I think you are equating a redraw facility with an offset account. These are totally separate and different products and care needs to be taken when deciding which one to use.

    Assume that someone has a home and pays down the principle a fair bit.

    If they also have money in an offset and then decided to use that money as deposit for an investment property then they would be disadvantaging themselves. This is because the interest on the home loan would increase when they take money out of an offset. The extra interest incurred wouldn't be deductible as it is interest in relation to the loan used to acquire the main residence.

    Now if they used redraw the situation would be different. If they used redraw they would be borrowing money. Taking money from a redraw equates to a new loan. The interest on this new loan would generally be deductible if they used the money for the deposit on an investment property.

    So by just knowing this little bit they have saved themselves possibly thousands in tax every year.

    But, ideally they shouldn't use redraw as the loan would be then one big loan with part of it used for the investment and part used for the main residence purchase. Each subsequent repaying into this loan would have to come off the investment portion as well as the non-deductible portion. That means they would be paying down their investment loan before they have paid off their non-deductible loan. This means they are losing tax.

    A better way would be to set up a new loan split, IO of course, secured against their home. They can then keep the investment and private portions separate and then save more tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Mr D

    I think you should clarify a bit. What do you mean exactly?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    depends how you do it.

    If you put in cash from a savings account, you cannot later substitute this with borrowed funds and be able to claim the interest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Bonds are a lot of mucking around and you will end up paying more.

    Cash is easier, but you should think about deductibility. carefully structure this so that the interest will be deductible.
    eg You don't want to pay $40,000 cash deposit if you still have non deductible debt, you would want to borrow the $40,000.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Buying with others can lead to many problems. You need to consider many problems which could occur such as:

    – bankruptcy of one party
    – death of one party,
    – divorce of one party
    – who does what?
    – who pays for what?
    – what happens if one wants to sell and the other doesn't
    – what about equity – how to access
    – effects on pension of your parents in future
    – borrowing issues
    – FHOG and stamp duty concessions
    – land tax, CGT etc

    But, having said that, it may not be possible for you to go in on your own so having a parent help may be a way to get in earlier.

    Maybe consider using a trust structure so they can assist and then hand over the reigns once you get up and running. Or the guarantee method with the intention to release the guarantee in a few years.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Henry,

    I would be worried, extremely, if they are selling their own properties. Make sure you get an independent valuation done on this – ie from a valuer which you chose and order yourself.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I recall seeing an online calc for CGT on the ATO site

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    What is an FMD?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I see you have averaged your ages, and it would be good if you could average your incomes as well, but ithink you would still be on more than $200,000 pa and on the top rate.

    Depending on what sort of work your husband does it may be possible to divert some of his income into a company or a service trust. This should enable the tax rate to be 30% max on this portion. From there you can develop strategies to get the income out now in the form of loans or later on when your incomes are lower.

    You could also look at super, smsf etc, but the money may be locked away for 20 more years.

    Developing the farm is a good idea, but it won't save you tax.

    If you have more than enough money to survive then I would look at gifting money to a discretionary trust. I think buying more assets in your own name is not a good idea, although it may assist with reducing the tax initially you will be making a tax time bomb.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    bumskins wrote:
    Peter456 wrote:
    He may give income from the property as "gifts" or I may just get him to use it to take over payments of some of my personal ongoing bills. Are there any other means you would know of achieving this task?

    Assuming the property/trust is cashflow + as you imply, any "gifts" as you call them are actually considered income and must be declared to the ATO and income tax paid which would be at your "friends"marginal rate of tax. I suppose he could then "gift" you money after that.

    Assuming we are talking recieving an aged pension, I believe there are asset disposal tests that look at any transactions in the years prior to make sure they haven't been to circumvent the intent of the system. i.e. Parent transferring property to child to get under the asset cap and then turning around 12months later and claiming the pension.

    You have to distinguish gifts from income. Gifts would be tax free whereas income wouldn’t. Gifts can be made from a trust out of cApital as long as the trust deed allows. But gift from. Trust mAy be caught by centerline rules.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Peter456 wrote:
    Terryw wrote:
    If you want to own property and still get access to centrelink benefits then one way to do it would be to assist your children set up discretionary trusts well before your retirement. The children should control the trust without your influence and you should have no role or control in the trust at all. Hopefully the children may give you some money as gifts later on.

    Hopefully the children don't end up with family law disputes too!

    Well it is possible to do so but it means my children/spouse for example could take the property! Or in my case the spouse would actually be a trusted friend. I would need to assist my spouse to set up a discredentary trust and then make him the appointer and trustee. He may give income from the property as “gifts” or I may just get him to use it to take over payments of some of my personal ongoing bills.

    Are there any other means you would know of achieving this task?

    You can’t have your cake and eat it too!

    I think you may find that if u have a spouse then centrelink will consider trusts they control to be the same as ones you control

    There is no real way to do it without entrusting someone

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    If you want to own property and still get access to centrelink benefits then one way to do it would be to assist your children set up discretionary trusts well before your retirement. The children should control the trust without your influence and you should have no role or control in the trust at all. Hopefully the children may give you some money as gifts later on.

    Hopefully the children don't end up with family law disputes too!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Peter456 wrote:
    How does the ato find out if you receive a insurance payout? If you receive a payout and deposit the money directly into an account of a spouse and then buy property in a trust for the spouse to become trustee and you appointer. The bottom line is if the ato dosent know then centrelink will not know unless you tell them. Who else may give information to the ato or centrelink? I suppose banks may give information to ato depending on which bank on transactions over a certain amount. Some banks may not…. For example big banks like comm, george, anz, west, ect may. But what about smaller banks like credit unions for example.

    Some insurance payouts would be taxable. If it is non taxable then the ATO may not find out. But the insurance companies may also inform the ATO of any payouts as well. Some insurance payouts may not affect centrelink payments, but others will and they do specifically ask questions about them. If you lie you may get away with it, but you may also get caught.

    There is also a financial database called AUSTRAC. All transactions in Australia are recorded and both Centrelink and the ATO have Austrac access. So if they were investigating someone they could do a search and find evidence of deposts and money transfers. All banks, and many other institutions such as casinos etc are required by law to notify Austrac of certain transactions.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Peter456 wrote:
    Terryw, I suppose what I meant was to buy property in a trust to begin with. Not for yourself and then give it to the trust. (Then you pay stamp duty twice). If you make yourself appointer of the trust then make a company or friend/spouse trustee. That way that person actually owns the property rather than yourself. You could even live in a property which is owned by a company or spouse and still receive your centrelink benefits with no complications. So long as you do not actually own the property. You could even be paying rent to the trustee for a property you control as appointer and perhaps you could also be named sole beneficiary. (but that may be problematic if you are receiving other sources of income for centerlink)

    Go to the centrelink website and do a search on trusts and they will have some info brochures available. There is a 16 page form, that I read a while back there, which asks all the questions on trusts. There also brochures which summarise how they treat them.

    Paying more rent to a trust may sound good, but the trust will have higher taxable income which it then needs to distribute. Someone among the beneficiaries will have a higher taxable income and more tax may be payable.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 5,301 through 5,320 (of 16,328 total)