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No tax is deducted, but expenses are deducted from income to arrive at the profit or taxable income of the trust.
A simple example may help
Discretionary trust has a rental property
Rent $20,000 pa
Interest + deductions $15,000Profit = $5,000
This profit can be distributed to beneficiaries and it then becomes income to them and is taxed in their hands (The trustee will pay tax at 46% of this amount if it is not distributed).
If you had 2 kids who you distribute this $5,000 to then it is possible that no tax is payable at all.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Matt007 wrote:You should also be very familiar with Corporations Act s708 before advertising investments. Lest you become foul of ASIC.Becaan has likely breached this section by advertising.
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
Lenders will just go on the market rent which is usually from the figure on the valuation report.
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 are running a business then you wil need to seriously consider asset protection for the ownership of this property.
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 trust as another 'person'. Totally separate from yourself. any expense incurred in relation to the property is incurred by the trust. The trust therefore claims any expenses.
The company is only the legal owner, not the real owner of the assets. its name appears on the legal documents such as the title, but that is its sole role.
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
Of course it matters.
Firstly keeping things separate will buy you time. You will also have the choice of which property to sell rather than the bank.
And then there are all the other issues and reasons to avoid it. CC doesn't help you in any way – just hinders.
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 doesn't matter if someone's property is used as security or not, if there is money owed, and a court judgment, that person's property could be seized and sold to satisfy the debt.
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 a lot of mucking around to change title. There will probably be stamp duty (tho may be exempt in Vic) and there will be CGT issues if it has been a rental. But by buying out a partner you may be able to free up some equity and use that towards the new property which will be more tax effective.
Generally it is good to hold property separately for asset protection reasons – if one of you goes down you won't lose everything. But since you already own the property there will be bankrupcty Act issues. If you transfer property with the aim to defeat creditors then the sale can be reversed if you go bankrupt – I think there is no time limit if it was done with the intention to defeat. If there is no intention, then the sale can still be reversed for up to 5 years.
So changing names may not reduce your risk
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 some ATO IDs issued for installment contracts. I forget the result, but usually CGT is payable based on the dates of the contracts.
It may be easier to use an option agreement combined with a lease – and you won't find one on clear docs, you will need to have one drawn up as the strike price would (or could) be dropping as a portion of the rent would go towards the purchase price.
For CGT purposes the option fee received is a capital gain – but you can make this a low amount so the CGT will be small.
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
Properly structured, buying an investment property should enable you to pay off your home loan sooner – the more you buy the faster it will be.
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
ah, not really. The ATO did one audit of about 50 low doc clients years ago and nothing has been heard about this since. None of my many low doc clients have ever been audited or asked questions by the ATO about 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
TD 51 outlines the definition of principle residence
http://law.ato.gov.au/atolaw/view.htm?locid=cgd/td51/nat/atoNo time limit is specified there either.
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
Sort of.
The lender will take the security for the loan first. If that is not enough to satisfy the debt they will go after your other assets .
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 generous Richard – the book costs over $100
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 would happen is the bank would firstly reposses any property mortgaged and sell that. If that is not enough to cover the debt they will then take further action to cover the shortfall. If a bank gets a judgment against someone they can then start proceedings to seize other property, even items not mortgaged.
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, good point banker.
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
factor tax in 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
Main residences are, usually, exempt from CGT. A property can only be your main residence if you live in it – otherwise it is not your residence!
Under s118-145 of the Income Tax Assessment Act you can be absent from your main residence for a period of up to 6 years and still claim it as your main residence, with certain conditions, and therefore avoid CGT on thie property.
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
either.
If you go to the bank you will only hear about their products.
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 plenty of issues. This should be avoided where possible.
One major issue is that the lender has you over a barrell and, for eg, if you want to sell one property you may need to get all the remaining securities revalued again. That may be fine in a rising market, but imagine if values had dropped and you needed to sell a property to get out of trouble and the bank won't release it. This happened to one of my friends and he went bankrupt.
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



