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Really, all you are doing to paying one loan down with another loan – which is refinancing. It doesn't matter if you pay the whole loan or just a little, the principles are still the same.
eg. $100,000 loan with monthly repayments of $100 pw principle and $900 interest. You borrow $1000 from your LOC and pay the main loan. You are not claiming the $1000 as a deduction, but are claiming the interest on the LOC as a deduction. $100 of this main loan is being refinanced into the LOC and $900 is being borrowed to pay interest.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I would never use a partnership as it is very dangerous. Always use a company for business because of the limited liability – you could use two companies in partnership if need be or one company with half the shares owned each. Watch out for being director as this is risky and also watch out with control – who owns the majority of the shares will have legal control, but whoever controls the bank account/money will have the real control.
I would suggest using a company and paying yourselfs a small wage. Then each of you can also receive bonuses based on your own work. You could do this as employees or sub cotnractors to the company. Ideally you would want to divert as much of your income/profit into your own discretionary trust (he can do the same) to make it more tax effective.
You could have your shares of the company owned by a discretionary trust or a unit trust with units owned by a discretionary trust. Units are more easily transferred than shares and ASIC doesn't have to be notified.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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number 8 wrote:Interest expense used to pay principal is not deductible… call it what you like. I would ask for a private ruling on this one if this was your intention.No. 8, think about that.
How can you pay principle with interest. What would happen is the principle of one loan is being refinanced with another.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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an 'escape clause' is generally only valid until the contracts are exchanged. Without an unconditional contract is is unlikely that a vendor would go to the trouble of preparing for settlement.
If you have a new buyer then you wouldn't need finance as you would not actually settle – but this is extremely dangerous. It is also extremely hard to arrange a simultaneous 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
michaelandre70 wrote:i am a bit confused. so anyone who does not live in Australia, but have an investment there would be treated as a non resident?i also would like to know whether the non residents have to pay more tax than the residents or not.
Residency depends on a number of factors. You could be living overseas but still a resident. You will really need advice to work out if you qualify – unless your situation is straight forward.
Yes, non residents may have to pay more tax than a resident. But it depends on what the income is, what country they are residents of, and their other income etc. Non residents may also have to pay tax in their country of residence as well as Aust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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That is probably the most common way. The other way is to gift cash to the trust.
But consider the asset protection side of things 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
Why do you think paying principle woudn't be deductible.?
What about if you had a loan with Bank A and you refinanced it with bank B? You would be borrowing to pay principle
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
either!
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
I have property in Thailand and a friend with property in Indonesia.
I would strongly advise you not to invest there!
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 think it wouldn't matter. If you are able to claim your interest on the LOC now, then in future you should be able to claim it the same even if the main loan is PI. You will just be borrowing to pay down one loan
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
Residence for tax purposes is different to residence for immigration purposes – so you could be here on a permanent resident visa, but still be a non resident for tax or you could be an Aussie citizen and a non-resident for tax.
Non residents generally pay 29%+ in tax with no tax free threshold. But different types of income are taxed differently. It is very complex and you will need specific advice.
(ps welcome back Derek!)
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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wobblysquare wrote:Trusts, Can i askIf i set up a trust. Buy a house (using trust). Pay deposit from LOC.
1) Any money the trust loses stays locked up in trust. But can i carry the loss forward into subsequent years until the trust makes a profit?
2) Can i claim the interest on the 20% deposit from LOC as a tax loss against my personal income?
1. yes
2. noTerryw | 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
Anthony K wrote:Hi TerryW and All
You are right Terry however I use a special kind of trust which has compartments that can segregate assets used in a business.
This allows the trust to keep real estate apart from the trading activities. We use a specially designed trust and strategies with
high cash flow businesses like Child Care or hospitality related activities.
Ther is no extra land tax for discretionary trusts, they just dont egt the threshhold releif about $380,000 this year in NSW. The problem now is taht to get the threshhold in NSW you have to expose the holders of units in the trust to external creditors, its not an easy or a good choice. The govt. here is screwiing the public – as usual. You get the bad choice of having some better asset protection or saving some land tax.
Ah !! its a cruel world out there, take care all.
AnthonyHi Anthony
I am interested to hear more about your comparmentalised trust. I can't see how it would work from an asset protection point of view. You would need 2 separate legal entities to achieve separation.
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
luke86 wrote:Anthony/Terry-Can you set up two trusts- one business trust and one porpoerty trust, and then distribute the profit from the business trust into the propety trust too offset any losses incurred in the first few years of operating the property trust?? Will this have any asset protection implications i.e. can any creditors of the company recover money from the property trust because the profit districbution may make it look like they are linked??
Luke
Yes, this is how I would do it. As long as the two trusts are separate then it should be fairly safe. Best to have separate trustees.
There is a possibility of clawback, but that would depend on the circumstances.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Poweregg
You shouldn't be buying property in the same trust as your business. Your chances of the business failing are high and therefore a high chance that creditors to the business getting their hands on trust assets.
Don't forget the extra land tax for trusts too.
And, as long as you are not an employee of the trust then I don't think there would be any FBT issues – check tho.
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
Options are excellent for anything increasing in value. If you secure an option then you may be able to assign the option to someone else and avoid settlement altogether. If you sign a normal contract to purchase land then you will have required to settle, momentarily even if you onsell it – but you would have no need for finance etc – this should still be considered as if the new purchaser doesn't settle you may have to.
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 remember reading Henry Kaye used to get 3 or so reports done and then use the best one!
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
yeah, i can't really see any point – except maybe keeping your name off title records?
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
Anthony K wrote:Hi TerryW and All,
Yes the 6 years CGT treatmewnt is correct.
Trustee duties can be found in 2 places, in the specific trust deed or any amendments and where that is silent or ambiguous. in the Trustee Act for each State or Territory.Hi Anthony
And don't forget the common law duties and also the Corporations Act if the trustee is a company.
I think not many people understand or realise the potential legal issues when it comes to trusts.
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
If you use one bank then they have control over both properties. If something goes wrong they may keep money from the sale of the first property to reduce the loan on the second – even if the loans are not cross collateralised. They will also know intimate details about your situation. Spreading the loans helps compartmentalise your secrets!
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



