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

    What a mess! The caveat is the least of your worries.

    You have to be very careful as you have probably committed a number of criminal offences. You could be charged with money laundering offences or fraud offences. eg s193C Crimes Act, 2 years imprisonment.

    You real estate agent could be charged as well. They would lose their licence if found guilty and possibly even if they get off.

    Now the caveat issue. He has a contract with you to purchase the house. He therefore has a right to lodge a caveat. I cannot follow what you have written It could be that you are able to terminate the contract because of the coercion, and that would mean the caveat could be withdrawn and you could resell etc. But you would need to talk to a solicitor about that. You should try legal aid or one of the free legal advice lines.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I knew one guy (who was an idiot btw) who had his main residence owned by a company (hence idiot!) and he was hit with land tax (naturally). He claimed to be a primary producer because he had one bee hive and thought this could get him off. OSR sent him a long letter asking him how much honey he produced, where he sold it, etc etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    You would probably be able to claim a deduction based on the rate for the engine size x KM travelled for IP related matters

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Probably around $200 per property from a cheap accountant

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Sorry I am not familiar with QLD law. You would have to look at the Duties Act QLD and try looking at the rulings on the OSR site. Sounds like a generous discount.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes, you should always ask for an authority to back up a claim

    TR 2000/2  Income tax: deductibility of interest on moneys drawn down under line of credit facilities and redraw facilities
    http://law.ato.gov.au/pdf/pbr/tr2000-002.pdf


    Cases
    FC of T v Munro (1926) 38 CLR 153
    Steele v. DC of T 99 ATC 4242; 41 ATR 139
    Fletcher & Ors v. FC of T 91 ATC 4950; (1991) 22 ATR 613
    Kidston Goldmines Ltd v. FC of T 91 ATC 4538 at 4545-6; (1991) 22 ATR 168

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    The company would (or should) be only taking in its capacity as trustee. ie no separate business outside the trust. So the company would have a nil tax return and the trust tax return reflect the business.

    It could be that the trust made a profit at some stage in the distant past and instead of distributing money to the beneficiary they just kept a record of it as if they distributed the money and the beneficiary lent it back. So now it is essentially a loan from the beneficiary.

    After this the trust must have made a loss which it is rolling over each year.

    If this is what happened then the trust could just be repaying part of the loan. The beneficiary would not have to declare this as income as it is just repayment of a loan. The trust would record a reduction in the loan account of the beneficiary as it reduces the debt.

    There are no very strict rules about this known as Division 7A loans. There needs to be commercial loan agreements etc in place.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Generally trusts are not taxed as the income flows through it and to the beneficiary who cops the tax.

    Did the company make a loss or the trust? Is the company trading?

    I take 3) as the beneficiary having loaned capital to the trust. He is also owed $100,000 by the trust. = $120k owing, and he received $25,000 = $95,000 still owing.

    This may be wrong though as I am not qualified in this area.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    No, original purpose doesn't matter.

    If you set up a LOC and tell the bank the money was to be used for a heart transplant for your nanna and then you just went out and bought shares using the LOC (and left poor nanna to fend for herself) then the interest would be deductible.

    It is the purpose the borrowed money is used for that matters in this case. This is known as the "use test" and was first outlined in the case of FC of T v Munro (1926) 38 CLR 153.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    What State is the property in?

    I doubt there is a way out as Land Tax exemption is only available for main residences. It is usually assessed on 01 Jan too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Do you mean you need another loan to set up the farm on top of the vendor financing?

    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
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    @terryw
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    allawah wrote:
    Thanks everyone! I'll probably call ATO to confirm. Believe they're the best people to ask.

    Probably not the best, but a start anyway!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Doesn't sound promising narboz.

    You have no deposit and a a 60k debt. Sounds like you need to borrow 110% and will also have to find stamp duty too. Even if the vendor could finance you in to 100% LVR you would find it very hard to get finance to pay the vendor out in a few years.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213
    Terryw wrote:
    Being non residents complicates things. You will probably have to withhold tax from your payments to them. The rate will depend on which country they are residents of.

    According to this article,
    http://www.grantthornton.com.au/files/sharp12050106.pdf

    The rate of withholding tax is 10% regardless of which country the recipient is a resident of.

    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
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Being non residents complicates things. You will probably have to withhold tax from your payments to them. The rate will depend on which country they are residents of.

    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
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    Post Count: 16,213

    Yes, good idea. You may be able to lve in it for 6 months and get the grant and stamp duty exemptions too. Then you can class it as a main residence for years 6 while you move back home and rent it out and keep it CGT free.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    I would be inclined to look for something cheap in a major capital city. Something with a relatively high rent return already and with potential to increase by tidying up the place – not necessarily you, but tradesmen. Some area which will be pulled up by the growth in surrounding suburbs. eg Sydney is extremely expensive place to live and rent, but it is still possible to buy 3 bedroom houses for $200,000. My reasoning is that as prices rise and peple can't afford to live in other areas the demand for these will rise fast and prices should rise more than average. (this may turn out to be wrong of course). You might get $300 pw rent for these or even more. Check out Nathan Birch who is going great with this strategy.

    Also get your structure planned. Research the tax angle and keep reading as much as you can.

    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
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    @terryw
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    BTW, I am not trying to be a smart arse or have a go at you,  just trying to get some critical analysis happening.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    But what are you basing that on?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    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
    Spandex wrote:
    I would like to buy in a new, up coming estate. Im here for all open advice in which path I go down.

    Spandex,

    What is your reasoning behind wanting to buy there?

    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 - 5,601 through 5,620 (of 16,328 total)