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

    There is a lot of differences there.

    A partnership is the most dangerous structure – it is not a separate legal entity with each partner involved being liable for the whole debt of the partnership. When you sue a partnership you sue all individual partners

    A company is a separate legal entity which can sue and be sued in its own right. Shareholders are not liable for company debts.

    A JV may or may not be a partnership. JVs are two or more people/companies coming together for a one off project. They may use a company to trade under.

    A syndicate is a lose term referring to a group of people getting together to do a project and it could be any structure from above.

    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, just go and work overseas. If you worked in Japan for example you could borrow money at around 2.5% to buy property in Australia.

    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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    Why use your cash?

    If you take money from your offset your nondeductible loan will increase.

    Or

    Pay the cash into your loan and then reborrow it as a separate loan and then you will be able to claim extra interest. Also look at selling your shares and then putting the money onto your home loan and then reborrow it to buy back the shares again. This should save you a few thousand each year.

    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 seem to recall now that the govt introduced some tax rebates or similar to encourage people to deposit money a few years ago now.

    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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    Good on ya!

    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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    Didn't CBA increase its rates by 0.45% yesterday, despite the RBA increase being just 0.25%? So far they are the only ones. Another reason not to use them 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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    why bother with CBA?

    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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    Not much you can do really other than a sandwich lease. You buy an option on the property and then sell one to the tenant. That way if they don't take up the purchase you won't have to

    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 would be able to claim interest in propertion to ownership on title. You parents have essentially on lent money to the partnership so they could charge you both interest and this would be income to them and a deduction to you, but they could claim the interest they pay as a deduction too. It may work out, or not, that they could charge you a higher rate if the loan is unsecured.

    I am a bit owrried about you borrowing money and putting it in an offset. The interest may not be deductible later if the borrowed funds are mixed with non borrowed.

    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. Transfers on death are usually exempt.

    2. Not really anyway. Gifting would result in stamp duties are market rates. I think they would still get the FHOG and stamp duty discounts.

    3. Probably could be done if you were party to a new purchase with them. Don't think they would get a loan on their own for 2 reasons – 1. no income, 2. they would be using someone else's security.

    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 think you should be able to fill in a few forms at the Department of lands and provide proof of correct name and this would probably be lodged thru your bank. May be best to call the bank first.

    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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    By paying PI you would be paying more off the debt, but you can achieve this with IO by paying extra too. You then have the flexibility to reduce the repayments if need be.

    But if you have no other debt, then PI should be fine. What ever suits your personality.

    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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    What was the exact figure that a kid can get before having to pay tax?

    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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    get a new broker i think.

    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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    You could possibly avoid GST by purchasing it int he exact same percentages as the final ownership and use a deed of partition. So when it is divided you are not changing any ownership percentages.

    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 don't say if you have any undeductible debt – if you do you should be paying this down first instead of investment loans.

    Assuming you don't, then you could use PI, but I would still suggest IO as you can save up the funds in the offset and end up paying the same interest. You also have the option of paying extra on the loans, like PI or even more, but then have the option of reducing the payments if you run into some cashflow problems unexpectedly.

    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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    look at up the tax act. s118.145 ITAA 1997.

    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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    Since you have no other debt, i would suggest you seriously look at using a discretionary trust.

    Depending on your situation you could gift or loan the trust the 20% deposit to get started. You should then keep gifting (probably) money from wages etc into the trust. The property will become positively geared quickly and this income can be distirbuted to your wife. You then just keep repeating the process, probably adding another trust every 2nd property.

    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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    could work if the dominant reason isnt the tax benefits.

    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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    Good to hear.

    Actually there is a point to the letter. Sort of

    Supposed I owned a property for you as trustee. You wouldn't want me to go out and mortgage it without your consent. The is the principle they are applying – even though the trust deed would be permitting the trustee to mortgage the trust property.

    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 - 6,481 through 6,500 (of 16,330 total)