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Its a great method of advertising. say something irrelevant bt make sure there is a link to your website (also largely irrelevant as relates to a different country), then to prevent too much suspicion you just keep creating new user IDs and repeat the process.
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
Your sort of correct.
If you use a house as security and default on the loan the lender can take repossession and then sell the house to cover the loan taken out. However, if you default on a loan and the bank repossess the house and sell it and there is still a shortfall the bank will then sue you and if they win they can still go after any house even if have houses at different banks with different and separate loans this. If just takes a bit longer as there is a bit more to it.
Using a trust means that the properties are not yours so they will not be easily able to take the trust property. However if they bankrupt you they may start looking at your relationship with the trusts – did you gift money to it, or loan money to it. If you did then they may be able to sue the trustee to get the money back in certain cases. But it is still added protection as it takes a lot of legal work and time to do this and it may not even happen.
Business operation is a dangerous game, but anyone can be sued and you could end up having a substantial award against you for something which was not really your fault – there is a thread here about a landlord who was sued because a tenant punched a window and cut his hand on glass. It wasn't safety glass and the landlord and agent had a $800,000 judgment against them.
If th
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
It can be done, but with great difficulty and danger.
If you want to use the property as security for a new property the second owner will need to guarantee the loan as his security is being used.
or
A better way would be to set up 2 LOCs on the first property and you use one and he uses one solely. Both names would be on both LOCs – or you could perhaps get one name on each, but the other would need to guarantee it. If he stops paying his LOC you will need to step in and start paying.
You should have a written agreement to cover this sort of thing.
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
Just think of the parents as Bank A and now you are financing with bank B.
(Can't see how the above post by Galeel is relevant)
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 there is a loss built up and he never comes back and later sells the house here this loss should be able to offset the capitals gains.
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 think he would have to file an Australian tax return and all the property would be claimed here. Not sure of PNG's requirements but he may have to declare Australian income there too.
If it results in a loss here, that loss would be carried forward unit he gets an income here to offset it.
But I am only guessing really.
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
itsandrew wrote:Hi Terry,Is it a good product (rates, application fees etc)? What are their break costs like?
Andrew
Not sure sorry. You would have to check with your broker.
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
majors are usually around $900 to $1000 – unless fixed loans. My recent westpac loan was $900 exit fee – or $1000?
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, when I was a broker I had a client have the same problems with St G. Client had to ask a family member who didn't even know about the trust for her permission to get the loan.
I haven't seen a double stamp duty issue, but I have heard of solicitors mucking it up and a client getting slugged twice.
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
Yep.
Why not just use a major bank?
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 thats all it is then it shouldn't be a problem
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
Bankwest has just reintroduced their 95% LVR loan too. LMI can be captialised 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
I would be asking what are their exit fees like?
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
Its best to never name beneficiaries where possible and that gets around the problem. You could possibly amend the trust deed but you need legal advice as it could cause a resettlement.
I am curious what role the company plays if you are the trustee. I am also curious what the deed of trust declaration says. If the beneficiary is saying X holds the property as trustee for me, then this is what the original trust deed would say. I suspect it is something like the beneficiary acknowledging the trustee is borrowing on behalf of the trust and that they don't have a problem with this.
You also have to be careful about stamp duty issues with declarations of trust – if you are not careful double stamp duty could apply so don't sign without legal advice.
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 may be possible -best to check with your tax advisor.
LC, deposit bonds are a PIA. If you have the funds available I think it is easier to just use 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
juggling investor wrote:I am also debating of selling my existing home as its getting a bit small to buy a larger one …love to keeep it as all my kids memories are in it…If I was to rent it ..my tax agent said the rental income would be considered as income
Lost of what to do…what would be the best option ….????
Thaaannnkkk yoooouuuMate, that is like asking what should i have for dinner.
So much would depend on the figures and your situation it would be impossible for anyone to answer. I would suggest to sit down and do figures for selling and for keeping and see how the compare. Then reassess after that.
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
Thanks for the update JPS.
I think there is nothing different about claiming depreciation and other costs etc for a non resident.
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 wouldn't take tax advice from a CBA banker. Do your own research and then see a professional.
An offset account is a savings account so there should be no tax implications of using it. If you use a so called all in one account which is a loan (LOC or redraw) you will end up in an awful tax mess. See the post http://www.somersoft.com/forums/showthread.php?p=717891 where this has happened to an unfortunate person who used the deposit/redraw facility on his loan and then later moved out and has tried to claim the interest on the loan.
For the borrowing to pay interest strategy you need to seek prof advice on the set up and probably apply for a private ruling.
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
Andrew
Trusts provide the greatest asset protection – discretionary trusts that is. But it is not simply a matter of transfering property into them. You need to proceed carefully.
Just 2 examples of why there could be little asset protection in this situation.
If you transfer property undervalue it can be voided under the bankruptcy Act, s120,
If the transfer was done with the aim of defeating creditors (ie asset protection!) the transfer can be voided too. s121Terryw | 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
Do you mean your accountant didn't originally suggest getting a depreciation report done??
You shouldn't be buy property to reduce tax, but with the aim of making money. Tax should be only an incidental consideration.
What strategy is there to implement that needs paying for?
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



