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hi Grug
I don't think your situation is unique, so the standard advice of Richard should apply. Even if you have high income, don't pay extra off any loan as you don't know when you will need access to your cash again. Best to use IO loans on all properties with spare cash saved into a 100% offset.
The only time this wouldn't be recomended is when you are the type to start spending all spare cash – ie a spendaholic.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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With company title the owners of the property don't really have title, but they own shares in a company which owns the land. each share entitles the owner to reside in a particular property.
Often there are conditions that other shareholders of the company have to agree to the share of shares or a new shareholder – this can be good as the group can control the type of people living in the building.
The problem with this is that it is harder to sell the property. This makes banks reluctant to lend to buy these properties. It being harder to get finance also limits borrowers which in turn limits the ability to sell even further.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Just take it into account when dividing up things.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes, CGT on the sale may be avoided, but you will inherit her cost base so, in effect you could be paying her CGT bill too – laster on when you sell.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Tailsman
They are separate, CG and incomes, but do interact as in the end it is all income.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Tony Cordato
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
Trust assets can be identified in a number of ways – but the title is always with in the name of the legal owner = trustee.
– Firstly you will often have signed contracts as XXX Pty Ltd as Trustee for the ABC trust.
– There will be other correspondence such as letters with conveyancers.
– There will be tax returns showing the trust is operating the assets
– The trustee's tax return will show nil
– You company will have no other role (or shouldn't)
– There will also be minutes of the trustee or the trustee's representatives showing their decision
– The trustee can also lodge a caveat on the title showing that they own the asset as trustee.
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
Also watch out for any CG implications. If you transfer an asset under a family court order you may inherit (or give) the CGT implications with it.
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
eg. Say you had a CG of $50,000 but an income loss of $30,000
The CG would be added to your taxable income so you would end up with -$30,000 + $50,000 = $20,000 income.
Or even better if you get the 50% CGT reduction.
Would this be correct Dan?
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Ladyo
How long ago was your trust set up? Many older deeds will not pass with the ATO – if you are wanting to claim the interest on the borrowings against the unit holders personal income. If it is a more recent one then it may be ok
Changing the trust to a unit trust may trigger a resettlement = CGT and Stamp duty on transfer of all assets of the trust to the new trust. So please get advice before you do this.
Any why use a unit trust anyway? This will not lead to any asset protection and little tax flexibility.
And, lastly, the problem with the lenders may not be the fact that it is a hybrid, but the fact that you will have the title in one name and the loan in another name = third party lending. If you are stuck then applying for the loan in the name of the trustee may get you thru – but watch the tax consequences.
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
Ideally just take the money from the loan direct to the purchase/deposit etc. This is not always possible though, esp if there is no cheque account on that loan. You could get a bank cheque drawn up maybe, but a bit of a hassle.
If you are going to do it then better to transfer the money to a new account. If the account already has funds in it how do you distinguish the funds and only remove the borrowed portion. Its like urinating in a bucket of water – how can you just take out the water once they are mixed.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The interest possibly won't be deductible. Especially if you have mixed it with other funds.
You may have lost the connection between the borrowing and the investing.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If serviceability is a problem you may be able to bring someone else on board who can help. ie someone on a high income who can help you get over the line. They could take a share of the project for their input.
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
Maybe you could do it by getting the A to rescind the contract to B and enter a contract with C and B get a fee out of it. But A would be unlikely to want to give B anything. The Office of State Revenue would still want stamp duty from B if there was a simultaneous settlement with B and then onto C though – I am pretty sure. What state did you do it in?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes you can do that, but stamp duty will still be payable.
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
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 you are doing is onselling the property. Whether you settle or not doesn't really come into it. You will pay stamp duty on your contract price and the person you sell it to will pay stamp duty on their contract price.
A possible way to reduce stamp duty is to buy an option on the property and then onsell the option. It may save you money, depending on the state you are in – don't think it works in Vic anymore though.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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ryan mclean wrote:Seems I have been beaten to the punch by Richard. If you buy it with the intention of onselling it for a higher price (by renovating and selling, or subdividing and selling) then you may incur GST. As far as I am aware it depends on your intention when you buy the property. If you buy it, then immediately create strata titles and onsell it might be hard to convince the government that it was never your intension to sell for a higher price when you bought it. Ryan McLean http://CashFlowInvestor.com.au Positive Cash Flow Properties Are Just a Click AwayThis is not correct.
GST only applies to new or substantially new residential property. By undertaking extensive renovations the building could be classed as substantially new.
Intention of selling for a higher price has nothing to do with the application of GST.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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i don't think it would apply to residential property, unless brand new.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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There is no min period specified for a property to be a main residence.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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