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1. NAB will probably require a separate package.
2. Probably as 2 different entities/borrowers. You can negotiate.
3. not necessarily.
4. It is possible.I would suggest you get advice on taking the money from the offset to the trust. Is this a loan or a gift? each has different tax and asset protection consequences.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Your company will essentially have to transfer all the assets of the company to itself as trustee of the trust. This may mean CGT and stamp duty are payable – though since your company is new and may not have any assets then this will be minimal.
Another option is to transfer the shares in the company to the trustee of the trust. Stamp duty and CGT may still be payable by the ABNs, TFN etc don't have to be changed, nor title of any assets.
You should get some tax advice, especially if your business involves personal services. Getting your structure set up good now may mean more tax savings latter and greater asset protection.
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
ps, you can only claim on the basis of title. If you were joint tenants with your wife you can only claim 50% of the costs and receive 50% of the 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
Joint tenants = holding an interest in land jointly with others. On death the others get you share, it does not fall under your will (unless you are the last one alive!).
Tenants in Common = two or more people have distinct interests in land. These interests can be left in wills to others.
Tenants in Common can be in different shares.
Joint tenants can only be equal shares.If your first one is joint tenants then you may have some tax to pay back.
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
Good idea Dave
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
luke86 wrote:Terry- Is is ok to use a LOC to pay for costs on an IP (such as rates, water, insurance etc)? And do you need a private ruling to be able to claim the interest that accrues on these costs or do you only run into problems if you are using a LOC to capitalise interest on an IP?Cheers,
LukeYou can always borrow to pay expenses – but whether the ATO will allow it or not is another thing. If it is done with the dominant purpose of tax, then the risk is that they can apply part IVA and disallow it. A small risk maybe, but still a risk.
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. It is a complex tax question and not a simple yes/no answer.
If you do a search you will find many links I have provided to about 5 private rulings on this topic. I am on a different computer now so don't have them handy. Let me know later if you can't find them.
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
thats how i understood your post. You are borrowing to pay interest.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you only have $27k private debt left, then this is not too much to worry about. You should be able to knock it over in a year.
To speed things up you could look as using a LOC to borrow to pay expenses with the IP (in addition to that suggested above). Talk to your advisor about borrowing from the LOC to pay interest on your investment property too. This will free up cash so you can pay off your home loan in half the time.
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
Is your broker a licenced Tax Agent? if not he has possibly committed an offence.
This is possible, but it needs to be structured correctly for it to pass and you should get a private ruling as Luke mentions. Do a search for some links I have provided to private rulings on this 'scheme' – one was rejected.
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
Since you are spouses the lenders will usually take both into consideration, even if one is not a director and as long as she has an 'interest' in the structure such as shareholder, beneficiary.
It is generally not a good idea to name too many people as beneficiaries directly as you may not want her to give a guarantee in the future and some lenders require all named beneficiaries to provide guarantees.
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
One of my friends bought a cashflow positive property in Sydney two years ago and it has doubled in value since. $1.5mil in CG. So it is still possible.
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 was looking at some postgrad courses at the University of Western Sydney and they have some subjects in Property Investing. Atax at UNSW also have some subjects as part of the Master in Law/Tax & Fin Planning in Property Investing and taxation.
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
Don't worry too much. You should be alright.
Yes you should keep mowing the lawns and keep insuring the property too until settlement.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
This is the trouble you get when using a conveyancer.
Even though a contract is unconditional the purchaser may still be able to get out of it in many instances. eg. If there is a search required to be included in the contract by law and you failed to include it this could be enough grounds for a purchaser to terminate the contract.
If your property did have unapproved structures on it the council could order their demolition. If this occurred before settlement then the property the purchasers thought they were purchasing would be substantially different and not the one they contracted to purchase. This could be grounds for termination too. I am not sure how Tassie contracts are worded, but it may also be possible that if a demolition order has been given before settlement then notice would be given and the new purchaser would have to comply with the notice after settlement. If the demolition order had been issued before the contract was entered into and it was not disclosed to the purchaser then the vendor would be in breach of a warranty if not disclosed in the contract.
What the purchaser should have done was to include a special condition in which the vendor ensures that all building works have council approval.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hybrid trusts can work if they are used commercially. But they have significant draw backs in trying to get a loan. Can you imagine your parents trying to get a loan to buy the units when the property title is in the name of you or a company? I don't think you will find a bank to do that these days.
Also if your parents sold their units back to the trust they will have to pay CGT at the market value of their units – maybe stamp duty also.
I think you should look at multiple discretionary trusts. Start off with one and then add more down the track as you acquire more properties.
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
You would pay either CGT or Income tax on the profit – depending on your intentions and set up. You would also probably have to charge GST. see http://www.bantacs.com.au for a good PDF doc on taxes around developing.
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
Before submitting any offer you should get your solicitor to review the contract and to draft addtional clauses – what are the special conditions the vendor wants?
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 believe stamp duty could be exempt in VIC for transfers between spouses, even with investment properties. But beware of the ta implications. If you are doing it with the dominant purpose to save tax then the ATO can disallow the deductions under Part IVA.
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
You sholdn't be using savings for the investment – or you will be paying more tax. I would suggest you also leave any money in redraw as taking it out will be new borrowings and you will have even more tax problems later on.
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



