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Its called aggregated stamp duty. see s24 of the Duties Act (Vic)
http://www.austlii.edu.au/au/legis/vic/consol_act/da200093/s24.htmlYou may need to stagger the purchases over 12 months to avoid aggregation.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Ummester – it looks like your 'bearish'
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 was just watching a show on TV and they said around $6,000 to rewire an old house.
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
Probably what you should have is a normal loan, preferrably IO, for the existing debt on your home loan and then a separate LOC for any equity up to 80% LVR.
When you invest you take the 20% deposit for the investment property from the LOC and borrow the remaining 80% as an IO loan separately.
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 forget loans have no bearing on CGT.
Hi Graeme – I think I know you from many years ago.
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
Hello G
If you wish to transfer the properties now you will be up for stamp duty, CGT, legals and there will be little benefit of asset protection, especially for the next 5 years.
It would be a good idea if your husband ran his business thru a company rather than a sole trader as this will provide more 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
There would be CGT or just income tax on the sale as it was not your main residence for the whole period
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
Land tax should be only one consideration – albeit a big one in NSW. What about tax benefits of a discretionary?
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 may be possible to get up to 66 to 70% of the end value in some circumstances. But if you are just buying 1 block, probably not. You will be limited to 80% to 90% LVR on the current value.
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
generally that should be ok. Check with your accountant.
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 a good return on their investment!
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 a good return on their investment!
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 a good return on their investment!
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 don’t think it is a good idea to appoint a govt department to look after your affairs – it will be expensive too.
Do you have some family members who could act as your executor? You should use a few in case one or more predecease you – but you should update your will every year too. They also have to be willing and able to act.
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 need to set it up so that it doesn’t look like a scheme. There may be a number of ways to do this such as having other commericial reasons, other entities, different banks, offset accounts, cashflow reasons etc.
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 could, for example, divert royalty income to a trust. Once the money is in a trust, a discretionary trust it can then be diverted to other individuals and entities if they are also beneficiaries of the trust. The trust doesn’t pay tax but the beneficiaries will. So you could have one trust which is under taking a separate business of rental properties which are running at a loss. The loss of this trust can be offset by a distribution from another trust with an income, so that no tax will be paid on this income. Many other things are possible too. Thats why you need to work out a complete structure probably with multiple entities – so segregate investments and make it flexible in terms of taxation.
I am not sure about the foreign company rules, but your company may be required to register with ASIC if it is conducting a business here or property real property. I am unsure if this would also make it subject to the Corporations Act or not.
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 he will need to lodge a tax return in PNG and pay tax there. If there then he will also have to lodge a tax return in Australia and declare the same income and his property and get a credit for tax paid over there. The negative geared property will reduce his tax payable in Australia. Depending on the tax laws in PNG he may also have to declare his other Australian income such as rental property 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
Good for generating legal fees anyway!
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 am not sure of the laws in WA, but in NSW it would be ok and it is the standard practice. You sign one contract and give it to the other side and they sign a separate one and give it to you (this is exchange).
You should be using a lawyer before you sign in case you get it wrong.
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
The latest Bantacs.com.au newsletter mentions that a recent private ruling on a debt recycling strategy was disallowed. So it is essential that you set the strategy up properly and seek your own private ruling before arranging accounts etc. If you do it incorrectly you could be in trouble.
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



