Forum Replies Created
Why not do both.
Buy a PPOR, live in it for a while, then rent it out. You can maintain it exempt from CGT and still be able to claim all the deductions.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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a bare trust would be exempt, under s35, Duties Act
http://www.austlii.edu.au/au/legis/vic/consol_act/da200093/s35.htmlTerryw | 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
better use a solicitor next time.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Conveyancers are not lawyers and so provide only limited legal advice. they just do the conveyance of the property from their name to your name. You should really have used a lawyer to get proper advice. Did you tell them that you wanted to build?
If you have not settled on the property you may be able to terminate the contract if a s88B certificate was not included. If you have settled then it would be too late, but you may be able to take legal action against the conveyancer and/or agent.
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 would suggest IO for your loans, especially investments. You should save the same interest anyway if you have the offset (unless you are tempted to spend).
You should be bale to apply for a loan increase too.
Banks will take into consideration you living at home, some banks will assume you pay a small rent others may not.
Hope you can keep on saving. I have tried to cut down my spending by not buying all the useless garbage i used to – I have even bought clothes and never worn them!
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
The Land Tax rules are different and will vary from state to state.
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
for CGT see s118.145 ITAA 1997. You can be absent for up to 6 years and not have to pay CGT.
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
g0biin wrote:Yeh, I dont know to much about the legal side, but two suggestions I would make or agree with is.
1.be nice.professional
2. Record your phone conversationssee Telecommunications interception Act.
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
It depends on your view of property growth. If property were to grow more than your cost of holding it, then it would be better to hold more properties.
How good is your crystal ball?
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
god_of_money wrote:Terryw wrote:Why is he worried about asset protection relating to a loan? it is the ownership of the property that counts. Maybe he is thinking that the loan could be associated with the trustee in its own right and so if the trust is attacked it would have no loan and more equity. But I can't see this as happening.Yes… that is correct. He worried about that creditor can challenge it as I am the trustee of my DFT… not yet change to company.
BTW, do you think anyone be able to structure by buying property under DFT and avoid land tax in NSW?
GOM, the trustee shouldn't matter too much. What I was saying above is that he could be arguing it is possible for someone to say the trustee personally borrowed the money in their own right, ie not as trustee. Having a company that does nothing but act as a trustee would make things clearer to an outsider.
I had a quick look at the land tax laws in NSW, and there doesn't seem any way around paying land tax with a DT. Only fixed trusts qualify for the threshold.
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 is he worried about asset protection relating to a loan? it is the ownership of the property that counts. Maybe he is thinking that the loan could be associated with the trustee in its own right and so if the trust is attacked it would have no loan and more equity. But I can't see this as happening.
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
A trust is not a legal entity, so it shouldn't really matter what name the loan is in. Trust name or trustee as trust name either should be fine.
In NSW only fixed trusts get the land tax exemption. DTs are considered special trusts and don't get any threshold. Trustees of fixed trusts (some but not all unit trusts would be fixed) may be assessed as if they were the sole owner.
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
ok, that may make it doable.
But if someone cannot pay the mortgage then they are possibly in great financial difficulty. If they were later to go bankrupt then you may have to deal with the clawback provisions of the Bankruptcy Act, particularly if you are paying under market value for a property. So make sure you seek legal advice for this sort of thing before you start making offers.
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 you will have a hard time convincing the owner of the property to allow you to keep the rent!
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
god_of_money wrote:Yes… agree with above… can distribute to your children 3k pa with 0% tax
Good on you… single with 1 kid and good equityTerry, I went to see my accountant and he suggested to buy using unit trust under DFT to avoid the land tax. Is this sensible?
i.e. discretionary family trust that would own unit trust of the propertyHi GOM
Using a unit trust can be a good idea as it may be possible to transfer the units without triggering stamp duty.
I am not sure on the land tax though. I haven't really looked into it, but I don't think it would be possible to avoid land trust in NSW with such a structure. The fact that a discretionary trust is the owner of the units would possibly make it the same as if the property was owned by the discretionary trust itself. Are the solicitor's initials TC?
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
chalkergroup wrote:so as a whole the trust would or would not be entitled to the 50% CGT discount?Don't forget trusts don't pay tax generally (unless the trustee doesn't make a distribution and then the trustee is tax at top marginal rate).
If an individual were to be distributed a CG then the 50% discount would be available if the criteria are met. If a company then not.
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
Always own growth assets under a discretionary trust structure as this offers the greates flexibility in terms of tax and some asset protection as well. Never run a business through the same structure, always have these separate because of the risks.
As you have paid off one property already and run a company you should consider using a DT for the next one as you need not worry about losses accumulating in the trust.
Children can receive distributions from trusts – however they are taxed at penalty rates over a certain amount. They can earn around $3000 pa and pay no tax however.
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 recall going to one of Steve's seminars about 10 years ago where he suggested using 33% of your income to invest, 33% to live on and 33% to pay down debt. Getting rid of debt is always good.
But, I think it can work out better using Jamie's strategy. particularly if you have non deductible debt as paying this down first will mean tax savings. You also have to be discipline to use IO/Offset – many people just start spending money if it is available.
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
It is just an option agreement.
If you cannot settle or assign your option to someone before expiry it is over for you. You would lose your option fee and any expenses incurred and will have no rights over the property unless you can negotiate a whole new agreement.
It is a very good strategy for making money from seminars, but very hard to implement in practice with real property – probably works well with shares 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
It is possible and it is legal, but the ATO could deny the deductions if they consider it a scheme to avoid tax. So I would suggest a private ruling too.
Also it may be easier to set up your main loan as IO and then a separate loan in the form of a LOC and then borrow from the LOC to pay the interest. Keeps things separate in case the ATO deny deductibility on the capitalised portion and also keeps the banks happier as you are seen to be paying the main loan and not capitalising., You may be able to capitalise the interest on the LOC or just pay the interest on this every month.
You need good tax advice on this.
See this private ruling rejection on something similar:
PBR 1011345133229 http://www.ato.gov.au/rba/content.asp?doc=/RBA/Content/1011345133229.htmTerryw | 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



