Forum Replies Created
No don't use redraw on the existing loan. Set up a completely new IO loan get the money and then pay it back down to $1 and it will be available for redraw.
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
Does your credit union offer a loan with redraw? (ideally free redraw).
If so set up another loan with them and take the money and run – or put it back into the loan and redraw it when you need to = LOC without a chequebook
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 wrote:Brisbane AndyHope you haven't got assets and a business under the same trust – could be risky.
Hi Andy, sorry just read your post up the top. Your businesses will be run by companies with the shares held by the trust so that should be ok.
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
aabbcc wrote:Do you also list your corporate trustee as a beneficiary to the discretionary trust? Alternatively would you list another separate company as a beneficiary to the trust? I imagine this may be good in years where your trust income is unusually high, and some of that income can be 'stored' within the beneficiary company before being paid out to yourself (as a sharholder) as a franked dividend at a later date. Or do the costs (or any other reasons I'm missing) make it not worth doing this… Cheers, Adam.No real need to name a company as beneficiary as the wording of the deed is usually wide to include any company in which a major beneficiary/trustee is an office holder or share holder or director 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
Brisbane Andy
Hope you haven't got assets and a business under the same trust – could be risky.
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 will need a lawyer to arrange the transfer. you will need to pay the stamp duty and arrange the 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
Adam
This is from last fin year
http://ato.gov.au/individuals/content.asp?doc=/content/20046.htm&pc=001/002/046/002/018&mnu=&mfp=&st=&cy=1Terryw | 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, sorry about giving you a heart attack! You wouldn't want to give you accountant money anyway so thats ok
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 wrote:Yes, there was a guy posting on here some time back that made a serious mistkae with his trust set up – I forget the details now, but ti fix it would have cost more than the trust set up.Also one of my clients had his son as appointor – which meant that his son could never receive a distribution from the trust.
One of the biggest mistakes it putting 2 trustees down – husband and wife. This doubles the risk and serves no purpose – but this is what my accountant recommended me to do with my first trust too.
Sorry, made a mistake. An appointor can be a beneficiary, but the settlor cannot. I had a client who made his son settlor and therefore the son could never be a beneficiary of the 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
Sorry aaabbbccc, I meant Settlor. will change it above.
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 suggest you sit down and write your goals. Then you should work out what you need to get the property you want – income and deposits etc. Then you work out how you will get there whether by wroking and borrowing the equity in the first one or by developing 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
The cost is deductible and it should save you thousands in tax so well worth getting.
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
Actually trusts terms depend on the wording of the deed. Some deeds have been recycled by accountants, breach copyright and are so old that they don't incorporate GST. So you do have to be careful. Even the good deeds – they will vary in wording from lawyer to lawyer.
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, there was a guy posting on here some time back that made a serious mistkae with his trust set up – I forget the details now, but ti fix it would have cost more than the trust set up.
Also one of my clients had his son as appointor – which meant that his son could never receive a distribution from the trust.
One of the biggest mistakes it putting 2 trustees down – husband and wife. This doubles the risk and serves no purpose – but this is what my accountant recommended me to do with my first trust 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
Yes, if they are suitably qualified
TR 97/25
http://law.ato.gov.au/atolaw/view.htm?locid=%27TXR/TR9725/NAT/ATO%27&PiT=99991231235958Terryw | 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 many people have found that loan applications and companies don't always appear on your credit file – I am director of a couple which don't show up on mine for some reason.
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
CBA also didn't do credit checks at all for under 80% LVR if you went into a branch!
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
jacko44 wrote:first time investers who put $1000.00 down as bond on a property that at the last min didn't tick all the right boxes.
Had fiance approved and received paperwork for signing as well as settlement papers but have formally contacted those concerened that we will not be signing anything and will not proceed with the deal.as things did not appear right to us.
we have to pay half the settlement fee of $700.00 but have been notifed that the developer intends to keep the $1000.00 bond because of admim fees associated with dealing with the settlement agent and because we were told the deal was now unconditional however we have signed nothing and sent nothing in.
we beleive we are intitle to our bond back and buy the way the bond is being held by a soliciters trust.
we welcome your feed back.
Jack – you must have signed a contract for it to have gone that far. If you did you are very lucky not to have been sued for the full 10% and possibly more.
Even if you pull out within the cooling off period you usually lose that holding deposit.
And you will have to pay for the legal work done so far.
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 can post the forms in or do it online now I think
form 201http://asic.gov.au/asic/ASIC.NSF/byHeadline/Starting%20a%20company%20or%20business
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 remember in the good old days Henry Kaye use to say he would order 3 or 4 QS reports and take the highest!
He had some good strategies
(he was running $15k property courses, but had a few problems with ASIC and others chasing him)
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



