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Please get proper advice before you do that.
Firstly there will be little asset protection, especially in the early years, because of the clawback provisions of the bankruptcy act.
Land tax may also be payable where it otherwise wouldn't be. If you will continue to live in the house, then there are many legal implications involved as well as tax implications. And losses of the trust cannot be used to offset personal income.So, firstly I would see a lawyer. You will need them to do the conveyancing too. You will need to transfer from yourself to the trustees (even if still yourself), discharge loans and then reapply again. so you may be up for buy/sell conveyancing fees, loan exit and application fees, stamp duty and valuation fee (for stamp duty).
You will also lose the main residence CGT exemption.
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
Try this one http://www.sosmail.com.au/
They can even scan your mail for you.Maybe it is best to get a family member to get the mail and then only forward the essential ones.
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
Whatever you do don't join the two loans or you will create a tax mess and end up paying even more in tax.
2 or 3 would be an option. Probably 3 would be better and put the $50k into an offset account attached to the new loan. If you use your cash now you may find you need it down the track.
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 you have a 50% share then you will get 50% of the income or loss. Same with your mum. So mum will use this loss to offset her other income. You will only be able to use your loss to offset your 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
can't give that up! But it is prime locations.
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 friend of mine has just purchased his 2nd positive geared property in Sydney – 15% yield. His other property was positive geared on 100% borrowings from day 1 and it has doubled in value within about a year.
So it is still possible.
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 know that it matters for your tax purposes. I think you can depreciate items based on their values – but not sure on this.
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 Dan
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
Banks will want to see 2 things
1. the deposit, whether 5% or 10%. You will need to physically be able to pay this2. The genuine savings. Many lenders want to see you save up 3 or 5% of the purchase price over a number of months. Some lenders will treat rent paid as counting towards savings. Some may count other debt paid too – but i am not too sure about that.
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
Dan
What about s 40.65 of the GST Act which states new residential premises are not input taxed. New residential premises is defined in s40.75 as not been previously sold – within 5 years.
If they are not input taxed and not GST free then wouldn't GST apply? Is intention relevant here?
ps I hope 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
You probably could transfer the property, but it will be subject to stamp duty and CGT (if investment). You will need specialist advice as you are covering 2 countries with different laws and difference tax treatments.
But, why not leave it as is? If you will buy more why not look at setting up a new trust and spreading the risk a bit.
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
housegoodies wrote:Legal implications in Tenants in Common and the Perth IP Market
Does that mean if someone sues me they can only take away 1% of the IP value due to the fact I only have the 1% share in the IP?
IP Starter
Yes, generally this is the case.
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
Don't like your chances. Banks have no obligations to lend money or to meet deadlines. Nevertheless I would contact their complaints department and talk to them about it.
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
PRKLCD wrote:HI all I have been reading on here for a bit and now I need some advice. I am married and my wife and I are looking at buying a house with another couple. The house we are looking at is $500,000 and has a couple of years left on a DHA lease. Upto this point, we haven't thought about investing with another couple, but it we like the idea of basically not having to take the full cost of a loan on. We have been advised to look at a trust set-up. But I am wondering if you can still negative gear your income? Ie, a loan would cost say $1300 per fornight and rent would be $800 per FN. So each couple would need to put $250,per PN or $500 a month towards the cost of the loan repayments. Are we able to claim this $500 per month? If you can't, what are the advantages of going into partnership and setting up a trust? Negative gearing our joint income was always attractive to us, but if we weren't getting a tax benefit I don't know if a trust is best for us. Any advice would be so great!The shortfall will be even more when you take into account other costs. If the house is owned by the trust then any loss cannot be used to offset your personal incomes.
However, if you were to by units in a trust (either hybrid unit/discretionary trust of a unit trust) you can borrow to buy these units and claim any loss against personal incomes. But there are many downsides with this such as all the incomes and CG would need to go to the unit holder so there would be no tax flexibility and little asset protection. One possible advantage is the units may be able to be transferred into a superfund later on without stamp duty.
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
Mossman wrote:I have a Family trust which my accountant has told me is excellant if the investment property which the trust purchased in 2007 becomes positively geared from what I can gather it is similar scenario trust function as to comments Qlds007. My concern is that after three years of payments and little or minimal capital gains, whats the point of having the trust in the present if there is no capital gains for the foreseeable future Can I get rid of the trust and just negative gear the property against my salary. Anyone got any ideas how you do this, Would appreciate any advise!!!!!! Regards MossmanIts unfortunate that there is no CG – but really there is no point in owing property at all if there is no CG. Transferring to yourself will help a little with the tax deductions though, but it is not really a long term solution.
You can't just get rid of the trust. Your trust needs to sell the property to yourself = stamp duty, loan costs + legals.
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 possible for up to 6 years
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
matthewp wrote:Q3. Saving for another property IWhy not pay IO and put all cash into the offset account and then borrow equity, rather than using the cash, to pay for the deposit on the new IP. This way you will still have access to your cash in an emergency and will also have cash available for personal expenses. If you used your cash and then decided to upgrade your PPOR and had to borrow more money, then the interest ont his won't be deductible
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
matthewp wrote:Q2. Interest only loan and positive cash flowYou should NEVER had a PI loan on an IP if you still have personal debt – otherwise you are throwing away money.
However, if you have paid off all personal debt, then you could have a PI loan, but I would still suggest you get an IO loan. You can then free up more cash to invest further. You can also pay less which will help cash flow if you ever were to get into trouble. The only exception may be if you are a spender and cannot resist spending your cash – in that cash it may be better to pay down debt.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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matthewp wrote:Q1. Gross Rental Yield:Think about this for a second. If you lower the rent you will get a lower yield – but will this make your property grow faster?
I think what the magazine was probably saying was that generally lower growth properties, especially those in the country, tend to have higher yields.
5.9% is not bad – but it would all depend on where the property is. If it is in Sydney, then it is ok, but if it is a small mining town then it would be not very good.
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
Theres no need to give reasons. I would just say you want to free up cash for personal expenses. IF your PPOR would become an IP then you will need to change things around – depending on how it is set up, so you may need a new ruling. eg you would no longer want to put cash into an offset against this house and you may also want to borrow to pay this loan from then on too.
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



