Forum Replies Created

Viewing 20 posts - 5,921 through 5,940 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    lbluedento wrote:
    My parents were discussing with me today whether there was any way to avoid a huge CGT bill on my inheritance from them. The inheritance will be solely from their property which is their PPOR. I saw on the ATO website the following Since 21 August 1996, if you inherit a house that was the 'main residence' of the person you inherited it from, you may be able to claim a full CGT exemption for it. If you can't, you will need the market value of the house at the date of their death and details of all relevant costs incurred after that. Does this mean that their house being their PPOR and them having owned it since 1990 would be CGT free or is it only if you meet certain other criteria?

    In Australia there is no tax on inherited property. But you could be up for tax on any future growth in the property. The tax issues around this are complex and it will depend on a lot of things such as:
    PreCGT property v post
    Investment v main residence
    use of the property after inheritance etc.

    eg property purchased prior to 1986 (or there abouts) will be CGT free even if it was a rental. But if you inherit a pre CGT property the property loses its CGT free status and you are taken to have acquired it at market rates at the date of death of the previous owner.

    You should also look into your parents setting up a testamentary discretionary trust within their will, or giving an option in the will for form one, so that property passes to a trust. This will give you considerable tax advantages and considerable asset protection as well.

    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
    lbluedento wrote:
    Was wondering that today too. If I put the money into my super will I pay less CGT on it that if it just goes into our account?

    It may be possible to reduce your taxable income by making a deductible contribution to your superfund, and this will therefore reduce the CGT 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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Whatever wrote:
    This thread has been very helpful!

    I have a couple questions of my own.

    1. With the offset accounts, is it 1 offset account for each Investment Loan? Or is 1 offset account connected to more than one Investment Loan.

    2. How is deductable debt (interest) claimed? Do I receive something like a Group Certificate from the bank at the EOFY?

    Any help appreciated.

    Andrew

    Hi Andrew

    It is usually just one offset account per loan. Some banks only allow one, others may allow more than 1.

    interest is just claimed on your tax return. It is self assessment so you just write down the figure on the return. You can get the figure from adding up all the interest you have paid throughout the year (and sorting any deductible from non deductible etc).

    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

    http://www.centrelink.gov.au/internet/internet.nsf/filestores/modpt_1005/$file/modpt_1005en_p.pdf

    This is the Centrelink notes for a private trust and the form needed to be filled out if you are associated with a private trust in anyway. It is very detailed and is 20 pages long.

    Testamentary trusts could even trap 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

    possibly.

    But in reality we are all beenficiaries of a number of trusts without knowing it. It would be impossible to tell centrelink something if we have no knowledge.

    Here is some more info
    http://www.centrelink.gov.au/internet/internet.nsf/publications/fis022.htm
    http://www.centrelink.gov.au/internet/internet.nsf/trusts/index.htm

    I have never looked into this, but it is worth considering.

    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

    Even if they are not named they would still be a beneficiary and it would affect centrelink payments. If they won’t receive any centrelink payments then it may not matter that much. If circumstances change in the future they can always renounce their status as a beneficiary and then qualify. Some lawyers argue that this could cause a resettlement of the trust though.

    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 your parents intend to apply for centrelink benefits you need to be careful with trusts. Centrelink can deem the trust assets to be their own if they are a beneficiary or trustee or appointor or controller of a trust.

    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

    my mate just purchased a positve geared property in inner city last week. about a 11 or 12% yield. positive on borrowing 105% with huge potential for capital growth + reno possible to add on.

    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

    You will need a bit more than an extra clause.

    You will need a whole option contract which will run into many pages. You will also need a contract of sale drawn up which will be come into play when the option is exercised. You will also need a lease to tie in too.

    A good lawyer should be able to draw these up for you. If you do it yourself you will run the risk of the option seller being able to get out of the deal because of mistakes.

    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

    my wrap kit still needs a home.

    free to anyone with a video cassette recorder!

    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

    Yes, the SMSF is a trust and could be a beneficiary of a discretionary trust. But there are many legal and taxation issues involved.

    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

    You could put an ad in one of the mortgage broker magazines looking to buy loan books. you may also be able to contact some aggregators who may be able to help

    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
    Ez wrote:
    Thanks Terryw. So, would stamp duty be claimable if the property was in the ACT? Even if it's purpose was originally not as an IP?

    I would think that if the property's first use was as an investment it should be ok, but not sure what happens if you live in it first.

    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

    That would be coming at a premium?

    If you just want a loan book there are many others out there.
    What is the going rate?

    They used to sell, a few years ago, for about the annual premium. ie if the annual trails were $100,000 you could get it for $100,000.

    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

    You cannot claim costs such as stamp duty etc until you sell, but you could claim borrowing costs over 5 years as well as depreciation and all the usual costs – but only from the date the place is available for rent.

    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

    Those properties look like they are performing badly. Is there any prospects of capital growth? if not then it may be worth considering selling them and investing the money elsewhere where you can get a better return.

    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

    Why buy something you can get for free?

    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

    Yes, using IO keeps your options open and will save you the exact same amount of interest IF you use a 100% offset account and keep the same amount of money in there as you would have paid off the loan.

    The only time I wouldn't suggest a IO loan is for people who are tempted to spend any cash they save up, and this is a real and significant danger for many people. Imagine having $600,000 in various offset accounts, I think most people would be tempted to buy things with it things they may not have bought otherwise.

    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

    Even if you don't have any private debt, there are at least two reasons why paying interest only on an investment loan is beneficial.

    1. Your money is locked away and cannot be taken back without tax consequences, and
    2. You end up paying more money per month so that means you cannot afford to invest this money elsewhere – the opportunity cost.

    Imagine if you had 5 properties and were paying $1000 per month extra on each. that is about $60,000 pa. In 10 years this would amount to $600,000.

    Now imagine that you had no spare cash and hadn't saved any extra, but you had $600,000 available in redraw. You want to upgrade your main residence. You would need to reborrow this $600,000 to purchase your new property. The trouble is that you would have to pay interest on this money and the interest would not be deductible as it has been borrowed for private purposes.

    However, if you had used a IO loan with a 100% offset account and then saved the $600,000 in the offset you would have saved exactly the same amount of interest on your loans as if you had paid into the loan as an extra payment. But when you need your money for further private expenses you just take the money from the offset account rather than reborrowing it. This will result in the interest on your investment properties increasing again (because the balance on the offset account goes down), AND the extra interest on the investments will be deductible.

    At an interest rate of 7% interest on $600,000 would equal $42,000 pa. Tax on this could be around $20,000. So that means you could have been around $20,000 pa better off by using an interest only loan in this example. Then add in the cumulative effects and the amounts are even larger.

    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

    The settlement date is usually listed or defined in the contract of sale. If you have already exchanged contracts then this date is fixed. If you are asking to vary it I would just get your solicitor to ring up the vendor's solicitor to chase it up.

    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 - 5,921 through 5,940 (of 16,328 total)