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Someone advised you to sell only to buy another? What about the CGT, legals, commission on the sale and stamp duty, legals, bank fees on the new purchase. This could amount to a fortune
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes, there are many disadvantages of discretionary trusts owning real property, especially in NSW, and in the early stages.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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yes, i think so
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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And it depends on the bank too, St G in particular are different. One of their offsets actually reduces the principle, even on IO loans.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes, i think so because the requirement is that someone is eligible if they have never owned an owner occupied house before.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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There would only be one type of trust that you would consider – discretionary. This provides greatest asset protection and tax effectiveness. Costs $100 to $10,000 to set up.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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1. yes
2. broker
3. broker
4. yesTerryw | 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 would stay clear of hybrid trusts. Look at discretionary trusts as these offer the greatest asset protection and great tax flexibilities. Just be aware of the drawbacks – losses cannot offset personal income and probably more land tax would be payable.
Banks generally don't like hybrid trusts, especially where the borrower is not the legal owner of the property. eg company as trustee with mrs P as borrower.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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you could get yourself into all sorts of trouble by doing it yourself.
Do you understand all the roles of those in the trust? What the effect of naming someone makes?The consequences of getting it wrong can be extremely costly.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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There are many people out there with HDTs, from a variety of suppliers, who have huge problems – many don't even know it yet. One guy told me it would cost him $100,000 to fix – he got his from a melbourne accountant.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Generally GST is payable on all new residential property. 'New' is classed as built less than 5 yrs ago.
I think CGT would be payable as well assuming there was a gain after expenses – unless it was your main residence – and it cannot be your main residence until you have lived in it. I think there is a tax ruling on this.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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number8, can you point to legislation to back up your point? I beleive that is not possible in NSW.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I am afraid there is no stamp duty exemption to transfer properties (in NSW) from one name to two unless it is the pinciple residence (and would therefore be usually land tax exempt anyway), s67 duties act.
Divorcing doesn't really help either as stamp duty is only exempt if going to 2 names to 1, s68.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Also, a loss in the company cannot be used to offset your personal income. Best to buy appreciating assets in a discretionary trust – usually.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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A is an arrangement where A owns something for B. A parent opening a bank account for a child for example. Cost nil.
If you want a more complex trust, then you will need a deed. Deeds can cost from about $100 up to $10,000 depending on the type of the deed and the person drafting it.
In many States there is stamp duty payable on the deed. In NSW this is about $550, depending on the inital settled sum.
If you want a company as trustee, then you will need to pay the company set up costs and the ASIC fee of $400. There is an annual ASIC fee of $212 as well.
Companies and trusts will need tax returns, accountants fees usually depend on how complex it is – the more properties the more costs invovled (but you will pay this anyway with owning in your own names).
By 'join' do you mean beneficiary? if so anyone can be a beneficiary, even people who don't exist yet – future grandchildren etc. To be a beneficiary they have to be named, or fall into a class – such as grandchild.
Foreigners can be beneficaries – but there are tax implications. Certain incomes have withholding taxes which vary depending on the type of income (royalties, dividends etc), and the recipient may also have to pay tax in their home countries as well
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Well, there is not much you can do, unless they have broken the agreement in some way.
I would try what the lawyer suggested. Try pointing out how much they will save, and maybe offer to help then find a broker etc. Maybe also point out how much equity is in the place and how they could possibly access that by going to a bank.
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
Discretionary trusts allow the greatest tax flexibility as the trustee can choose who to distribute to each year (from a range of beneficiaries). To save tax they usually distribute to the lower income tax payers first, so that less tax is paid overall. Children can also earn about $2600 pa each in unearned income each year before they have to pay tax.
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
What do you mean by nominees? Did they sign the contract as your agent? or a Trustee?
I hope you have taken advice on this or there may be double stamp duty payable. once by them and once by you when they nominate you.
Assuming the property ends up in your name, I can see no basis on which you could claim the interest – nor them. Just think of them as the bank. If you borrowed $800,000 from ANZ could you claim the interest? only if it was an investment property.
They could only claim the interest if they had lend the money to you at commercial rates – but then the interest they receive will become income and so it won't really offer any benefits.
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
guarantees don't mean much. Pretend it doesn't exist when you do your calculations.
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
Do you have another main residence – from the date you moved out? if not, then it can be CGT free for up to 6 years.
If you do then you're property would be CGT free for the first 14 yrs, and then CGT would apply from the date it ceased being your main residence.
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



