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  • Profile photo of TerrywTerryw
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    @terryw
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    You would lose any main residence CGT exemption with the trust, so this may not be ideal if you are buying with the intention to live in part of it.

    What you could consider is to buy it in your name jointly with a trust. You would set up a deed of partition so that you each own the same percentage as the final carve up of the block, then when subdivison goes through you could avoid stamp duty (or pay nominal amount) and end up with one block in your name and one block in the trust. CGT would be delayed on this transfer too I think.

    Talk to your lawyer

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Your agent should not be providing legal or taxation advice. Make sure you try to get it all in writing from him, just in case he is wrong. I'd suggest you not use a conveyancer but a lawyer too.

    A nominee is someone who you may nominate later.

    The contract is in one name, but you want the title to be registered in another. This has stamp duty implications and if you do not get it right you may find that you have to pay stamp duty on the full amount and then your wife has to pay stamp duty on the half as if you are selling it to her.

    So be very careful and get proper advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    But if there are less investors buying then there will be more owner occupiers buying and therefore less renters?

    I think the main effect may be a decrease in new properties being built as investors would be less inclined to invest in construction. However, most developers would not be negative gearing anyway so maybe this won't be effected.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    If you live in A then you would have lower or no interest to pay.

    If you sell you would be up to CGT. maybe sell one each year if you decide to sell (to lower your income). Work out the CGT implications of selling.

    If you buy a new PPOR you will be paying a large mortgage (unless you have cash) which won't be deductible.

    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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    BJ has pretty much covered it.

    One of the major disadvantages of a trust is that you cannot claim any loss of the trust against your personal income. In Chris' case there is no loan or personal debt and $20k in savings so I think it would be a good idea to use a trust.

    This is because any spare cash can be gifted to the trust (asset protection and tax advantages). Any loss from investing will be short term as the trust builds up cash (put into an offset account maybe) and rents increase. Any positive cashflow can be dealt with tax effectively from there.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    That is ok.

    Once you pay off the LOC you can then withdraw funds for a deposit on the next IP and to pay IP related costs. But whatever you do don't deposit wage or other income into the LOC. Use an offset account for this and then just pay the interest of the LOC every month.

    Otherwise you will end up with a large loan with interest which you cannot deduct.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It would be a bit of a hassle with the lender and the conveyancing, but you could do 10% per year for 10 years even!

    BTW, if the house was owned by a company as trustee for a unit trust then you could just transfer a few units each year without any stamp duty and without changing the name on title.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes she can. But CGT would be at market rates and stamp duty would also probably be at market rates. However, you should ask a tax expert about the ATO and part IVA  (may disallow it if the dominant purpose was to save tax).

    You may also want to look at the wife selling you just half of the house as in some states this may entitle you to transfer without stamp duty. And/or transfer half now and half in another financial year to reduce the CGT.

    Also consider the use of a discretionary trust.

    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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    Hi Caleb

    sorry to hear about your accident. $500,000 is a lot of money to have and you should therefore do some careful planning and seek professional advice from a good lawyer too.
    I think there are many things to consider such as asset protection for that $500,000. Implementing some strategies now could help save you money years down the track if something happens.

    Taxation also needs to be considered. If you are suffering from a disability you should look into disability trusts and discretionary trusts.

    If you are not working and have no income, other than the interest, then you will find it hard to get finance initially.But there may be ways around this later on.

    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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    Yes, there is still a point to have a company as a beneficary as hte company will pay a top rate of tax at 29%. It can then hold on to this for years and re lend to the trust or distribute to you later when you are on a lower tax rate.

    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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    Yes, i dont now of any restrictions for permanent residents either.

    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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    Hi Carolyn

    There are many issues here. A major one being protecting your interest when you deposit the money into the offset account. You have to think about your asset protection as well as consdier the asset protection of your son later if he was to ever get into a family law dispute etc.

    One way may be for you to gift to a discretionary trust which you control. This trust could loan the money back to your interest free so you can put it into your offset account.

    There may be a way to buy your son a property now. That is through a trust ( bare trust) with you as legal owner and him as beneficial owner. The title could possibly be changed to his name when he becomes 18 with only nominal stamp duty and no CGT. However, there may be problems with financing this sort of arrangement. You also need to consider the FHOG issues and Stamp duty savings.

    Maybe you could wait till he becomes 18 an then have your trust lend him the money then when he can borrow on his own and legally own the proeprty

    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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    You should have your deed worded so that any company in which you are or were a shareholder or director or office holder is a beneficiary. Not necessarily just the trustee. Its probably not a good idea to distribute to the trustee anyway because if the trust is sued the trustee will be liable.

    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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    Yeah, i would go for the offset for now. Re assess the situation later.

    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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    Unilodge at broadway?

    There are many threads heere ont that including one recent one.

    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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    HI Michael

    It is a bit more complicated then that and depends on when the deceased died, whether the property was their main residence, or an investment, and even when they acquired the property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Scha

    Sounds like a bad experience. How much did they charge you for that?

    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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    Good idea to have shares too, especially in super as it is easier. But also good to have an option to transfer property to your superfunds later on too. Keeps your options open

    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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    Gifting is good, but there are problems you need to consider such as the claw back provisions of the Bankruptcy Act – if you go down the money can be clawed back indefinitely if you gifted with the intention to avoid creditors, up to 10 years otherwise. Also unless you have paid off your home loan you will face the dilemma of whether to pay off the home loan first and saving you interest, or just gifting your cash. (you could also gift to the trust and then borrow it back interest free to pay down the home loan – depending on your deed).

    Unit trust is good but I am not sure you would be able to claim all the interest on the loan to buy the units if you only had income units. Its not a matter of you just paying the interest, you actually have to borrow to buy the units.

    Did you see the thread about hybrid trusts by Chris Batten on somersoft? very interesting

    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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    Yes

    But any equity would still be yours as the trust would owe you the money if you loaned it to the trust. If you let the trust mortgage your property it would still be essentially the same, but it may look like you have less or no equity on on first glance.

    it is still a good idea though.

    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

Viewing 20 posts - 5,841 through 5,860 (of 16,328 total)