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Offset account would have no tax consequences as interest is not paid. But if you have a choice you should move the offset to the owner occupied loan. You should save non-deductible interest if you can. If you are thinking of having one biog loan, then this is no good at all for tax reasons and you should seek tax advice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You should probably look at using a discretionary trust as there are more possibilities of reducing tax. Or Maybe a company with the shares owned by a trust.
Another thing to consider is finance. Will you qualify if only working part time. It will be approx 2 years before self employed business income is taken into account.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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The trouble with these mortgage managed type products is accessing equity in the future. Sometimes it is not easy. Often the loans are mortgage insured no matter what the LVR is so you must overcome the LMI criteria too. Also the exit fees can be high.
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
try http://www.guardianpartners.com.au
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 it could be a good idea if the small extra payment could lead to a change to strata title. Even you you all chip in for the other ones that won't pay. but check this thoroughly. Maybe speak to each owner. Don't believe the agent.
if this can't be achieved, then it probably is not worth buying as it will be impossible to sell and hard to mortgage.
You should also see advice on how to buy it. If paying cash, then maybe a discretionary trust is a good idea. you could then think about lending money to the trust and later refinancing the loan with a normal lender, if strata goes thru, and that way freeing up your cash again. Otherwise if you pay cash now you will be stuck with all your cash locked away – which may not be a problem if you have plenty.
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 think this is problematic. As Dan said the company will need a special loan agreement to lend an associated party money.
Firstly, the money is not your money, it is the company's money. Director's of the company have a legal fiduciary obligation to work in the company's best interest. Even if you are the sole director and shareholder these rules apply. This is covered under the Corporations Act and common law. If you have other shareholders, then they may not be too happy either.
Then there are various tax rules regarding this, see the Dvi7A requirements. You will need a written loan agreement between you and the company. The term of the loan and the interest rate charged will depend on the security of the loan. You would be expected to pay interest to the company too – if no security, then the interest rate should probably be higher.
So, it is probably not a good idea to do this.
But, maybe you can work around the rules a little. eg. if the company gives you a wage, maybe you could get the whole year's wage on july 1. This will help save you interest.
But, I am not qualified to give tax advise, so see a tax advisor.
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
Same.
I generally make a quick calculation of estimating borrowing capacity by multiplying annual incomes (of both borrowers) by 5 or 6.
very rough tho.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
Don't think so. I haven't heard anything like this before. You could ring the OSR to check
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
I believe that trust is a unit and discretionary trust combination.
If you have the unit trust own the asset and the units owned by a discretionary trust, then this is very safe. It may even be possible to transfer the units of the unit trust to a SMSF without stamp duty down the track just before you want to retire.
The used to advertise the benefits of reduced land tax under these sorts of trusts, but I think the rules changed and this no longer applies.
Not sure if the PIT provides anything more than a standard UT and DT. Oh, they claim they can get around the rule of perpetuities with their trusts too. Normal trusts must vest within 80 years, but not the PITs apparently. This is done by setting it up in South Australia which is the only state which does not have legislation against perpetuities. Not sure if this would work if you were not a resident of SA and the property of the trust was not in SA.
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
See Tax Determination TD51 which covers this
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
And here is the Abstract
Abstract
This thesis began as an investigation of the effect of adverse possession upon the
land market where the adverse possession extends only to a small portion of the
abutting parcel and the subject land is under a title registration scheme. The
consequence of such adverse possession on part only of a parcel is that the location
of the boundary demarcating the limits of the respective domains of two adjoining
land parcels may be displaced.
If part parcel adverse possession effectively transfers ownership of a small portion of
an abutting parcel, the boundaries are shifted consequent to long term occupation,
and will prevail over the strict technical legal boundary. In a registered title land
system the occupational boundary then prevails over the legal boundary as certified
in the register notwithstanding that registered title schemes purport to confer
conclusiveness upon register entries. Alternatively, the registered proprietor’s estate
is not paramount where any part of the proprietor's parcel has been adversely
occupied. Consequently the occupier has an interest in the proprietor's land that is not
disclosed in the register. Inspection of the register and reliance upon the inspection is
insufficient to ascertain the complete legal status of the particular land holding.
Inspection with consequent reliance upon the register is the major function of a
registered title scheme. Alternatively, if part parcel adverse possession is ineffective
to transfer ownership of registered land, the technical legal boundary prevails over
the occupational boundary despite the fact that it is not the boundary accepted by the
parties involved as governing.
Both alternatives present a problem to the orderly conduct of the land market. Where
occupations prevail, the prudent market participant takes precautions besides relying
on inspection of the register. Where the legal boundary prevails, the participant seeks
confirmation that the occupational and legal boundaries coincide.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
Malcolm McKenzie PARK
2003, "The effect of adverse possession on part of a registered title land parcel."
Ph.D. Department of Geomatics, The University of MelbourneYou can download it from here: http://www.sli.unimelb.edu.au/research/publications/MMP_PhD.pdf
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 heard of a case in the news, i think, where residents of a suburb in North Sydney had 'claimed' the old lane way behind their houses. They have fenced it in and council did nothing about it so they made a claim for title based on adverse possession – after holding it for the required time.
And, I have a copy of a Ph.D. thesis by someone on this topic. I could post the details if anyone is interested.
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
and Propsa, how does it work. Do you charge a fee? or does the builder pay you?
And are you operating in all states?
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 a good idea. good luck 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
Yep 95% + LMI.
90% is pretty standard
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 looks correct.
Just don't forget the other expenses such as travel, and loan fees (over 5 years)
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 is no use in buying a negative geared property just to save tax. You should only consider property with profit in mind.
Do you have any non-deductible debt? if so you should probably pay this off first. If not, you could pay into the loan, or you could just save up (ideally in a 100% offset account) and use the money for the next one.
As you pay off the loan quicker the profits will increase faster – which is good, but this will result in more tax.
If you consider a discretionary trust for the next one you could use your spare cash to pay this one off faster which would be a better result tax wise, and for asset protection 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
There is no magical answer. You just have to do some research and make a decision.
Some questions to ponder
– do you see the values increasing in the short term? Long term?
– Adding up selling costs and buying costs how much of a loss?
– Do you have any other capital gains which you could use to offset the loss? (maybe save some tax)
– If you invested the $250 pw elsewhere what sort of return could you expect
etcAnd, btw, are the repayments on the land interest only? If not it probably should be as you still have a loan on your home.
and, did you know you may be able to claim all expenses associated with the land (rates, interest etc) if it was your intention to build a rental 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
VB i am not sure what a PSB is, but I know what PSI is and if your income is classed as PSI it cannot go through the trust so you cannot offset the loss.
There may be other ways of getting at least some of your income into the trust – such as leasing equipment owned by the trust. Sub-contracting to the trust etc.
You need a good tax advisor who can run thru it with you.
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



