Forum Replies Created
YEah getting it out can be a problem, but you can store it there, re-invest it, and maybe take it out in later years when your income is lower.
To be paying more than 30% tax you would have to be on a taxable income of $120,000+, so you should not need anymore, especially if you have a spouse on this income too and a few other relatives getting distibutions from the trust. Also a lot of the general expenses will be deductible anyway. eg pet dog is a guard dog, depreciated over x years, all food etc a company expense.
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 with ANZ. Free under the package.
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, you should really change it to IO.
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 would look at paying off all personal debt if you haven't already. Then speak to a tax advisor about gifting the remaining money to a discretionary trust. From there buy a few properties using 80% LVR loans with the spare money parked in a 100% offset account. Also look at buying some shares too and be very wary of investing in business or developments or you could lose a lot. Spread you risk with shares and property too – different areas etc.
Focus more on growth than cashflow – no sense in buying somehting that doesn't go up in value.
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
Sounds like you may be with ANZ?? Just give them a call.
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
Figures are figures!
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
Hi Kashe
The biggest disadvantage maybe that losses are trapped in the trust, but think long term. Did you know your trust can distribute to a company and the company will only pay 30% tax. There is also may other things you can claim too.
I assume you are not self employed, but if you were you could probably divert income into the trust to offset the losses and reduce your personal tax. Even being an employee it may still be possible with a creative accountant.
Significant tax savings could be had down the track if you were to use a trust and your circumstances changed – eg one of you stops working.
Land tax is a bit of an issue, but after you have purchased a few properties in your own name you will have used the tax free threshold and will be paying the same tax anyway.
Asset protection is not an issue for you, but think of it as a bonus.
Anyway, before you buy the next property I would suggest you do the sums for buying using the trust and using your own names.
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 do you think you have done the wrong thing by setting up a trust?
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
Also start doing some figures, or projections using excel. Helps to make sure you know about the what you can claim too as well as the cashflow side of things.
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
Hi Clint
Start by reading as much as you can. Get to know how investing works. In the mean time do a budget and start saving as much as you can. Then work out a plan on what you are going to do and when and how.
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
Good work Rhys. Getting your builders licence will be great. You just need to plan ahead develop a written plan of what you are going to do and when and how. I would suggest you do a lot of smaller projects before bigger ones. eg. 1 house and land x 6 instead of 6 units. Less risk and more flexibility, easier to get finance 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
in NSW there is a solicitor Anthony Cordato who specialises in wraps and sells a contract.
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
johnmina wrote:Haha after much reading and looking through your example I think I understand. basically Rent – Cost – Depreciation = (taxable income) then (taxable income) – (depreciation) two wrong make a right therefore (taxable income) + depreciation = (profit)LOSS So this is what you mean when you say depreciation isn't coming out of my pocket. Now do I get it? in in the case that there was a profit taxable income – depreciation = profit therefore reducing taxable income and this is how depreciation 'refunded' now have i got this last part right? Thank you JohnHi John
Just think of depreciation as a non-cash deduction. You don't pay it but can still claim it. So a property may be cashflow positive before tax and negative after.
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
Yep, that sounds right.
Not sure you fully understand depreciation though.
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 shouldn't use your money in the offset as the interest on your home loan will increase.
If you put it in your home loan and then redraw this is better but still not ideal as each subsequent deposit into the home loan will be decreasing this investment loan (the money redrawn).
The best solution is to pay down your home loan and then to ask your bank to set up a new split for you.
THen for the next investment loan you can borrow X% from the same bank or different bank with the deposit and stamp duty coming from the new split you created. All investment loans should be interest only for as long as possible.
That is the ideal way to do it, but your LVR will be over 80% so a bit of mucking around, you may even have to pay PMI again if you pay the loan down and then set up the split above 80% again.
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
Let me rejig it for more losses
eg
Your trust buys a property for $100,000
Rent is $5,000 pa
Costs are $8,000 pa (interest, rates etc)
Depreciation = $2,000 paTaxable income is ($5,000) (loss).
But depreciation is a non cash deduction so the cashflow is only ($3,000). So you will need to inject $3,000 to keep the trust going.
Year 2
Rent is $6,000 pa
Costs $8,000
Depreciation is $2,000
Taxable income is $6,000 – $8000 – $2000 = ($4000) loss
But the cost is only Rent – Costs = ($2000)
So you only need to inject $2000 this year. Your taxable income is lower than this because depreciation is not coming out of your pocket.
And you add the previous year's loss of $5000 and your net loss carried forward is $9000
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
Hi John
eg may help.
Your trust buys a property for $100,000
Rent is $5,000 pa
Costs are $8,000 pa (interest, rates etc)
Depreciation = $2,000 paTaxable income is ($5,000) (loss).
But depreciation is a non cash deduction so the cashflow is only ($3,000). So you will need to inject $3,000 to keep the trust going.
Year 2
You found an extra bedroom you didn't know was there and rent jumps to $10,000
Costs $8000
Depreciation $2000
Net taxable income is Nil
You will also carry forward previous year's loss so Net income is ($5000)Year 3
You increase rent to $15,000
Costs $8,000
Depreciation $2,000
Net income is $5,000 profit.
But you still have that loss from last year so Net income = NilYear 4+
taxable income is a profit as rents increase and losses are used.(keep in mind I am not an accountant!)
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
Sorry, spelling mistake.
The owner of the building claims the deductions. ie owner of the property. Trust if purchased in a trust.
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
Hi John
If your trust is making a loss you will need to inject funds into it somehow – either a gift of loan. Deductions can always be claimed by the owner of the builder and this will be used to offset other income. If no other income then the overall loss may be bigger – which can then be used in the future.
Keeping LVR at 80% will avoid LMI (with major banks), but it may be ok to go higher depending on your circumstances. Try to borrow the deposit from other property and lend to the trust rather than use your cash (put that towards your PPOR loan).
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
Yes its that simple. You will need to prove your personal income though – ie person behind the company.
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



