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

    You have the right to ask anything.

    What does your written agreement with them say? ie do they charge a fixed amount or do they charge you per ad 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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    I prefer to take advice from the experts rather than some guy in a t-shirt crying on youtube. I therefore haven't listened to what he has to say.

    At this stage I don't see any need to evacuate Tokyo, let alone the whole country.

    Things are very normal here where I am in Kansai.

    I think there is a greater chance of mass exodus from Libya at the moment.

    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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    In Victoria a spouse can probably purchase the other spouses share of a property without paying stamp duty. Borrowing to buy this share should result in the interest on this borrowing to be deductible if the property is then rented out. So you will be freeing up cash which will result in a lower loan on the new PPOR and result in lower non deductible interest. = Greater deductions.

    You shouldnt really need a valuation if you just base it on the bank's own valuation. You will need to redo the loans as the ownership is changing and will need to do the conveyancing as well. But it will probably be worth it. It could save you up to $8k to $10k approx per year in interest and the effect will accumulate.

    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

    That is generally wrong.

    You can claim trips to inspect your existing rental properties to the extent that they are trips to inspect the property (not holiday) and to the extent necessary.

    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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    You have to get advice as there are various rules concerning the selling of assets. She may end up losing some of the pension if it is sold for example. But keeping it and renting it out may also result in the income making her go over the limit and result in a reduction of pension (I am really only guessing here). There are also CGT considerations, especially if she has held the unit from before 1985 as it may be tax exempt.

    Your nan should also set up a power of attorney to cover medical decisions and financial decisions and she should have her will done or updated.

    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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    Yes, this is not the case. A trustee can be a beneficiary, just not the only beneficiary.

    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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    Thanks for your concern.

    Things are extremely bad, i agree. But I am not sure how bad it is yet, or how bad it is going to get. Electricity has been reconnected to all the reactors, but there is still a heap of work to do with them.

    I think it will be months before they will be under control.

    The Internation Atomic Energy Agency is saying that there is no significant risk to human health
    http://www.iaea.org/newscenter/news/tsunamiupdate01.html

    But I guess they have a vested interest in promoting nuclear energy.

    Osaka, where I am, is about 500km west from Fukushima, so it is fairly safe for now, I think.

    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 live in Osaka, Japan, and it is things as normal here.  In Eastern Japan there are problems, but only in a small area.

    There is some radiation being found in the areas immediately surrounding the nuclear power plants and some food stuff has been contaminated such as green leafy vegetables from farms in the area.

    I can't see mass evacuations happening any time soon. Even if it does happen Japan is a big place and people will probably just go to other parts of Japan.

    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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    1. I think you will have to wait until the property is available for rent before claiming anything.

    2. You shouldn't have to prove you have moved out. You will be getting rental income and declaring it that should be enough.

    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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    Are you talking about Australia?

    A pty company can be used in all states.

    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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    Its probably not a scam, just an expensive scheme to capitalise interest on the investment loans while paying off the family home loan first.

    I would be concerned about:
    1. The high fee
    2. The fact that they are also selling property, or steering people into property sales
    3. The fact that the ATO could disallow the deductions on the capitalised interest – which is certainly possible if it is done with the dominant purpose of claiming a deduction. It is also possible that the interest may not be claimable if set up incorrectly.
    4. Their insurances may not cover them for the provision of tax advice.

    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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    If you are renting the place then the rent will be classed as income. If you are just making them pay board then it is generally not classed as income. The definition of board seems to be roughly just charging for the expenses they incur by living there such as food and perhaps electricity. ie sharing the bills.

    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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    Tax deductibility will usually depend on the names on title, not on the loan.

    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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    If you were to move into the rental then out again it could become your main residence and be exempt from CGT from then on for up to 6 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
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    @terryw
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    PeCats

    I would suggest you do some research before signing up to such a scheme.

    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

    Try http://www.trustmagic.com.au a book by an aust accountant. This is the best general intro out. There are heaps of legal books out there too.

    Another good one, but more advanced is the "trust structures guide" – very expensive 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
    4jojo wrote:
    Hi,

    I have 2 questions.

    1.  If you set up family trust with corporate trustee, is that the same thing as setting up a family trust and a company?

    2.  If you set up a family trust, as a wage earner (not self employed), can this wage/salary somehow go into the trust?

    Thanks in advance.

    I have 2 answers:
    1. Could be the same, but maybe different. eg. you could set up a trust and a company which has no capacity in relation to the trust. ie the company could be trustee, or it could be operating in its own right.

    2. It is possible, but many hurdles to overcome. First one is that your employer will have to make you a contractor, others are tax related.

    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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    Post Count: 16,213
    Johnny1974 wrote:
    If you did the "sale" / transfer for a nominal amount, say 20k (when really a half share is worth 150k) how would the ato find out? I dont get it, what if I did really sell a property for a cheap price, who is the ATO to tell me what stamp duty to pay. <moderator: delete language> there should be no stamp duty to encourage us property investors to transactions / deals. That would get the real estate game happening again.

    ATO wouldn't be concerned with stamp duty as it is a state levy. If it is an obvious related party transfer then the OSR will probably want to see a valuation . Otherwise they may not know, but could pick it up with data matching – going on the land values.

    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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    Post Count: 16,213
    4jojo wrote:
    HI,

    I've been trying to find this out –

    What if you have an IP in Vic in own names can you transfer property title over to family trust fund without paying stamp duty?

    Thanks.

    I doubt it.

    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

    Yes, heaps of posts here.

    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 - 6,041 through 6,060 (of 16,328 total)