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Hi Andrew
Its applies to most unearned income of children
see http://www.ato.gov.au/content/00282114.htmTerryw | 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 don't have to buy a cheap shack. My mate is constantly buying properties in Sydney that are returning 10 to 12%.
My view is that you shouldn't be worried about the tax side, but about making money. It would be ok to buy something negative geared, but only if it is going to jump in value. There is no point in buying any old unit just with the hope that it will go up. That is just wishful thinking! You need something special. And the higher the rent the better. Also don't just buy something because it is postiive cashflow. You need something that will rise or you will end up losing money.
Tax can be reduced in other ways and will get easier as you get wealthier.. eg you may end up buying in trusts and then use contributions to super to reduce your wage down a lot. And then live on the trust income.
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 would be interested to hear what the solicitor will charge you for all this advice and the wills.
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
He will just have to contact them and ask to change the beneficiary. They probably have a form to fill in for that.
But he should get some advice on who to leave it to and how.
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
No. The insurance policy will specifiy who the beneficiaries are. Like a binding death nomination in a superfund. You should contact the insurance company and find out who is the named beneficiary and then change it if need be.
What role each person will play in the trust will depend on their situation and should consider asset protection issues too.
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
Thanks Nathan
Sounds really good.
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
No.
If a trust is a discretioanry trust the trustee can distribute money or income to any of a huge range of people. You cannot direct a trustee of a discretionary trust to give the money to a specific person – or the trust would not be discretionary.
So if you do want to leave money to a specific person then you can either give to them directly in the will. or leave it to a testamentary trust which they control. If there are 2 people then you would ideally need to give to them via 2 separate trusts.
I think the unit trust is not a good idea to 2 ex spouses as they may not like each other much and wouldn't want to work together.
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
Great stuff Nathan.
How does the deal finder work? Is that a buyers agent service?
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 would suggest you do the figures for each scenario.
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, but if the testamentary trust is a discretionary trust then the trustee may have discretion to distirbute the proceeds to a wide class of people. You could have a separate trust in the will for the insurance, maybe a unit trust with 50/50 to the spouses, or a separate discretionary trust each with half the proceeds so then each spouse have have the tax effectiveness and full control
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
To sell the house you would need to pay back any loans which are secured by that house. So you would probably have to pay back the equity loan too. That would not be good as you would have less cash for the new house.
If the IP house has increased in value then you may be able to transfer the security of the loan to that house. Or
You may be able to find a new house to purchase and settle on the same day and just switch the security = not easy to arrange.Or
You may be able to temporarily keep an amount of money, proceeds from the sale, in a term deposit equal to the balance on the LOC and have this used as security. On settlement of the new house then the money can be released.
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 assume you are talking about life insurance?
You could have the insurance paid to a beneficiary or into your estate. If into the estate then you could direct it to a testamentary trust. If directly to a person then no asset protection – eg what if they are bankrupt at the time you die. Getting it into a will or testamentary trust will enable tax effective streaming to kids at adult tax rates.
But leaving it via a will could mean it will be at risk if there is a claim on the will – such as a family member left out, new spouse, mistress etc.
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
An insurance trust is a trust set up to receive insurance payouts. They cna be good, but some proceeds may be taxable.
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
First thing would be to read your lease agreement and see if the land lord is breaching any of the terms.
If that cafe is really making people sick then surely the food inspectors would have something to do about it. They would be fined for repeated problems.
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 anything about USA law. But in Australia if a trust is not a legal entity so someone would need to sue the trustee of the trust. Trust law enables the trustee to be indemnified out of the trust assets so the creditors could get at the trust assets if the trustee was sued.
If you were trustee of a trust and got sued for something separate, nothing to do with the trust, then the trust assets would generally be safe. You may have a judgment against you and this would enable a creditor to get your personal assets, but not your trust assets (generally, there are many exceptions such as if you had transferred assets to the 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
Go to the land titles office and do a search under their name. Then conisder there may be more than 1 person with that name.
If you want to find company owned properties then you will need to do a seach with ASIC and find all the companies in which they are a shareholder and/or director and then do land titles searches on each of these companies.
If you want to find out houses in trusts then for houses which they are a trustee or have an interest in the trustee company do as above. If you want to find out trusts in which they are a beneficiairy of or a unit holder of, then you cannot as trust deeds are not registered. eg. If you buy a house for me as trustee – no one can search to find that I am the beneficial owner.
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
Expenses can generally only be claimed once they are paid.
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 a list of all assets and liabiilities and what you want to achieve.
Make a separate list of trust assets and liabilities, one for each trust.
And make a list of super assets – each funds separate.
Also, list any insurance polices and who the beneficiairies are.
The solicitor should do the rest.
Consider too
– business succession plans
– Enduring powers of attorney
– Guardian of minor childrenTerryw | 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
Note, in some suburbs you may be able to receive the grant by moving a short distance to cross the boundaries. Newspapers report it could apply in some suburbs by moving a few streets.
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, The good part is that you don't decided now, but when the estate is being administered.
Or you may want to take the PPOR as your PPOR because you can get the land tax and main residence exemptions, but you may want the rest in a trust for tax minimisation.
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



