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That sounds about right. Just don't use the redraw on loan 1.
Since your current home is going to be an investment you could borrow from Loan 2 now for paying all associated costs. Later on when you do rent it the interest should be deductible as you have incurred the interest in money borrowed for the property that is being rented..
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
What sort of job are you doing, and are there any vacanies?
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
makes you want to go and work overseas!
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
Maybe do some cashflow projections and see how it goes. Just assume the trust is a separate person with no other 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
Well, its still difficult to decide because:
– If you use a trust any losses cannot offset your personal incomes. If you add up depreciation expenses, travel expenses then there could be a large loss. maybe $10,000 pa. If in your personal name then you could tax maybe $3,000 in tax. Not so in a trust, unless you are self employed maybe.– You may have to pay more land tax in Vic if you hold in a trust. I am not sure of the current rules down there.
On the positives, if you have kids, each kid can get approx $3,300 pa in unearned income each year and not pay tax. So if the parents were both working and the property earned $6,000 after expenses then no tax may be payable. If it was owned in personal names then maybe $2500 in tax would have been payable.
But if you don't have kids and are both working and all your near family are working then you may have no one to distribute to so would pay tax just as if you owned it in your own names – or maybe you could cap the tax at 30% by distributing to a company.
Long term trusts will be great, but it can be painful in the early years, especially with the losses and land tax.
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
Great. Whats sort of rates are you looking at? 2-ish% or there abouts?
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
Intrigue wrote:I am amazed that someone can put a caveat on someone elses house!I am wondering now why the small business man who is owed funds from the rich man on hill doesnt put a caveat on his home?
A tenant could do this to the home they rent so that the landlord cannot sell and thus they secure a long term rental opportunity..
hmm.. crazy
Its not that easy. You will need to have an interest in the property to register a caveat. eg you may have helped with the improvements, spousal relationship, provided the deposit etc.
A debt is usually not sufficient grounds.
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 are so many issues involved that it would be hard to provide an answer.
It would depend on many factors such as:
– which state will you buy in?
– are you at risk of litigation
– Your income
– You family's income
– any kids
– will the property be producing an income loss
etcTerryw | 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 point Jack. And some landlords insurance policies only apply if the property is rented through an 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
Very good Richard. Do u have a PDF of the article you could share? or maybe there are copyright restrictions.
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 should also just approach the Australia banks in the country where you are working. eg NAB in Tokyo 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
NAB used to too. not sure if they still do
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
Do you really need landlords insurance? Is your mum likely to trust the place or run off without paying the rent?
You don't really need a contract in written form, oral should be fine. But oral contracts on property are unenforceable. I don't think the ATO is concerned with this however, as long you can establish it is market rates.
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 cannot claim a deduction for buying capital items. Same as a person. If you had made $250,000 and purchased a $250,000 house you can't claim the house as an expense.
Since you are making so much money (great news!!!) you should really talk to a tax specialist asap as there are a few things you can do to minimise it and structure it more safely.
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
That is terrible. $7000 is a lot of money, especially for a FHO
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 not a good idea to buy your own home in a trust as you will lose the land tax exemption, main residence CGT exemption and will end up paying tax on the rent you pay to your trust.
But it can be a good idea in some cases, such as where you already have another property which you are claiming as your main residence and only intend to be in the trust property short term.
I think Steve has a book on trusts or structures in general for sale.
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
Not really.
Trustmagic.com is a book of trusts for the average property investor.
There is a lot to it. Actually a trust can be set up in mins very simply but setting one up in an effective way requires careful planning.
You need to consider many issues such as:
– who will be trustee or who will be director of trustee company?
– should you have a company or person as director?
– should you name beneficaries? and if so the lending consequences.
– Who should be appointor
– planning for the death/bankrupcty etc of appointor.
– asset protection issues
– income tax issues
– CGT issues
– Estate planning issues
– Borrowing issues
– duties of trustees
– rights of beneficiaries etcetcThere is a lot to it. Much more than the average accountant will realise or explain to you.
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 all the comments. I agree with them all. There are some shocking fin planners out there charging a fortune for doing little.
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
What about getting a second job, even temporarily?
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 not look at accessing equity and then repeating the process with another property while staying in your one?
If you are doing this professionally as a business then you will not get any main residence tax exemptions 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



