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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Mistresses (and the male equivalent?)
    cousins
    step children
    step grand children
    adpoted children
    any company in which a beneficary is a shareholder, director or secretary
    any trust in which a beneficiary is appointor of, trustee or or unit holder of
    etc

    Most deeds will be worked broadly so all these, or most, are included already

    From lender POV, just be careful with naming beneficaries. Some lenders (the evil ones) require every adult named beneficiary to guarantee the loan. You may set up the trust so the wife has nothing to do with it, but is listed as a benefiary by her name. The lender may ask for a guarantee from her. You don't want this as it will hurt her serviceablity and adds to your risk.

    or worse . You could have set your trust up, gotten a pre-approval and then exchanged contracts. You then go for a full approval and then the lender suddenly asks for the details of Mr X, a son of yours, who is named in the deed as a beneficiary. X has bad credit and doesn't want to give a guarantee anyway. But the lender won't budge and refuses to go ahead without him giving filling in an app form and giving the guarantee. This actually happened to a client of mine with a lender called RAMS. We quicklyhad to rush another application in with a different lender nad he nearly lost his deposit.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    An accountant can help with the tax aspects, a solicitor with the legal aspects. What are you trying to ascertain?

    There are not many tax advantages to you if you rent from the trust. Just think of it as renting from someone you don't know. You may be able to get a discount out of them on the rent because of the family relationship though.

    If the trust lends you money to buy, also no real advantages. Just think of it as borrowing from a third party – except you may get a discount.

    I think what you need is some sort of investment strategy.
    eg you may be able to buy in your name by borrowing from the trust. Get the FHOG etc, then mortgage this property (if the trust allows it) and get a LOC which you can then use for further investing. to do this will need legal advice on mortgages etc. But before the legal advice you need to know what you are going to do generally.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Yep, there are many out there. rates around 9%+ depending on the deposit etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    yep. LMI is payable on all loans over 80% usually.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I am sure he would be. He is the most knowledgeable tax expert i have encountered.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I think there is usually mention of the covnent on the title. Maybe ask your conveyancer if this was the case. Not sure if you have any legal recourse if it wasn't brought to your attention – but you probably would have seen a copy of the title in the s32.

    I don't think there is much you can do. Just put it down as a learning experience. You could run it by your solicitor and/or the surveyor.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Not sure how that would be treated in tax. If you do it make sure the funds in the offset are not tained by mixing with savings or connection with borrowing the money and the later investment may be lost.

    Why not just increase loan and get the money out and then pay back into the loan.  Redraw later when needed (make sure it has redraw first!). Or set up another offset on another account – and then use only for these funds.

    THe LOC would be easier – the extra rate may not make that much difference – and you may even be able to negotiate a discount.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    I would be inclined to sell. Building is very stressful and you probably wouldn't want the extra stress now. You can always do another protect in the future.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Never trust a real estate agent. and never use a conveyancer. It is your responsibilities to check these things.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    michael at http://www.guardianpartners.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    try Mike at http://www.guardianpartners.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi Deidre

    If you are not going to deduct the interest, then from a tax POV you don't have to worry. either a separate loan or adding it to the $170k should be ok. If there is any chance the $10k safety net could be used for the investment it may be an idea to have a separate  split for this as you could claim the interest – but it all will depend on your lender and the costs involved. The tax savings could end up being less than the charges if not careful.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    You should probably be able to over come the PSI rules to some extent. You should probably seek out another opinion from another few accountants as it could save you a fortune. Something simple could be to form another trust which could operate as a service trust supplying services such as secretary, equipment etc and leasing this to the other trust – at a profit of course. This way money is diverted to the 2nd trust. It has to be set up properly and commercially for it to work.

    Another way may be to get another doctor in for 1 day per week as a contractor and your husband go and work at another practice on this day – maybe the husband could be hired out supplied by the 2nd trust. This may help overcome the PSI rules and broaden the client base.

    You can then set up a 3rd trust and purchase the property in this one. Profit from the 2nd trust could be distributed to the third trust to offset any losses.

    needs careful planning

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Why put it on either? Take out a separate loan would be the easiest. But since it won't be deductible, you could just increase your home loan.

    You certainly would want a IO loan for an investment property while you still have a non deductible loan – otherwise you will be paying down the investment and losing tax deductions while keeping your nondecutible loan high meaning more interest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi Tugger

    Youre LVRs are very high, you have low cash reserves and your incomes will halve in the comming year – sounds like it would be very risky to attemp another one. Unless maybe you could go back to work full pay if things suddenly go bad.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Since you have no debt you should be able to do something with your wife's income and the potential rental income from the purchases. May also be able to use your last 2 years tax returns for evidence of income – depending on your situation.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    nope. much different in nsw. From memory it is stamp duty exempt from one spouse to both spouses but only for the main residence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Found this too
    http://www.ato.gov.au/businesses/pathway.asp?pc=001/003/022/010/013&mnu=4409&st=&cy=1&mfp=001/003
    GST and property

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    What is it?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    you get a 50% discount on CGT if the asset is held for more than 12 months. If less, no discount.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 8,681 through 8,700 (of 16,330 total)