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  • Profile photo of TerrywTerryw
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    @terryw
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    Not really

    Because you haven't factored in the income from rent.

    Say the rent is $14,000.
    Interest is $16,000

    That means there is a $2,000 loss. Half each.

    Husband's share is $1000. If he is paying 30% tax, then approx $300 back.

    very approx tho.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Never go cashflow over capital gains.  – but how confident are you of the capital gains/?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Kaatje

    You can gift things to trusts. Though this shouldn't change the tax aspects.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    crj wrote:
    Also if Trust B has a taxable income of $100,000 (received from Trust A) and does not distribute this, Trust B will pay income tax on the undistributed income.  You haven't found a "HUGE gap in the taxation system" – you have not done enough reading.  Tax law is indeed an area where a little knowledge is dangerous. 

    Yes, and at top marginal tax rates too!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    What is the date of the finance clause? If it has expired and you did not notify the other party, then it is no longer a condition and you are locked in and you are in a very dangerous situation.

    You are very brave in not chasing up the broker to find out where your loan was, especially if you were supposed to settle so soon. I think the broker may have been slow, but broker's do not guarantee loan approval and therefore I am not sure if you have any grounds to complain. You need to keep on top of these things.

    Also factor in the amount of interest you are saving by not having the loan drawn down yet.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Hi Kaatje

    I think you misunderstand tax a bit.

    Just remember that only interest on a loan is deductible, not the principle.

    Maybe, ignore the fact that it is a trust. Think of it as a person holding the house.

    If you buy a house for $100,000 you cannot claim a $100,000 deduction. You can only claim the interest on the loan (and other deductions). Even if you paid $100,000 cash for the house, you cannot claim a $100,000 deduction.

    This is because it is classed as a capital asset. You can claim depreciation of the asset (depending on how old it is etc) and interest on money used to buy the asset, but not the full price of the asset.

    Same if you buy some machinery for your business, or a photocopy machine etc. You cannot, usually, claim the whole amount, just a portion of it over a number of years.

    Now, substitute the trust in the above example. The trust B can receive $100,000 income from trust A, but if will still have a large profit even if it purchases a house as only depreciation, interest, council rates etc will be claimable, not the full price of the house.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes, don't just decide on rent.

    What if the place was a dud and the rent didn't go up for 10 years.

    You want some capital gains – probably more so than rent. CG will make you rich,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    What did your friend agree to?

    Maybe he signed an agreement which allowed the agent to decide the tenant and for the agent to have access.

    I wouldn't like it myself, someone coming into the house while not there – issues of theft and privacy. And also the fact that the agent lied.

    Even if this was agreed to in the original agreement, I would change agents asap.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Hi

    I think you have missed something!

    but first, let me try to summarise what you are asking…..

    Trust A has a profit of $100,000 in one tax year. You want to distribute this profit to trust B – thinking trust B will buy a $100,000 house and therefore have no profit and no tax.

    If this is the case you must realise that a house is a capital asset and therefore not claimable in full. Depending on when it was constructed you (or the trust actually) may be able to claim depreciation on the building at the rate of 2.5% pa and depreciation on fittings. The trust could also claim council rates, insurance etc. So there would still be a huge profit there which would need to be distributed.

    Also the rent should be factored in. Since you are third parties you may have to pay rent to your trust. If you don't claim rent you may not be able to justify claiming the deductions as it is not a commercial arrangement.

    There are also fiduciary duties of a trustee to maximise the profits of the trust. The other beneficiaries may not appreciate the trustee, or directors of the trustee, staying there rent free – but this will depend on the wording of the deed etc.

    And then there is the general considerations of buying your PPOR in the trust. This is not usually recomened because:
    – you pay land tax
    – you will not be utilising your CGT free status
    – In the long run you may need to pay more tax as rents rise

    If you bought under your own name then no land tax, CGT free and no income tax as you are not paying rent to yourself. But there is no asset protection.

    And, why have 2 directors in your trusting company? This just doubles the risk. If the business goes down both of you going down. I would consider having just 1 director and keep the other person free for the future.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Kyla

    You will have to make a decision on where you think rates will go. If you want to fix, Maybe you could keep a portion variable to keep the offset against this loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    It is not an ideal set up, but you are stuck with the fixed.

    I would suggest you change all loans to IO, if not already, – will have to wait for the fixed period to expire. Then set up the offset on the one you are living in. If there is enough equity at this stage, then set up a LOC as well and use this for investment expenses.

    When you decide to buy the new one, reassess.

    I also would not suggest paying down any loans as you will want all spare cash for the new one.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    hi Kyla

    That won't help with the equity side of things, but will save transfer costs.

    I would immediately change you loans to interest only (if not already) and put all spare cash into the offset account, ready to be used for the future PPOR.

    Also, if you have enough equity, set up a LOC and use this to pay for all investment related expenses such as rates, insurances, repairs etc. This should free up more money to put into your offset account – interest should be the same overall, but your tax deductions will increase.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Hi

    You don't have to cross collalteralise the loans. You could set up a LOC on one property and use this as deposit for the new one, borrow 80% of the new one as a separate loan. All loans can even be at different banks.

    You could transfer the existing house to a trust. But this would result in stamp duty and legal fees as well as possible loan exit fees and app fees again. You would also need to re-qualify for the finance.

    Trusts losses cannot be used to offset your other income. A way to do it though would be to use a unit trust and borrow to buy the units. But this will leave you in a very inflexible position little different to holding the property in your own name. No tax flexibility and no asset protection.

    I think it best to look at using a discretionary trust and then rolling over the losses – which should be minimal in this climate – and/or look at ways to divert other income into the trust to use the losses and save you tax.
    Whether this is beneficial or not will depend on your circumstances. You will need to weigh up the costs to do this with the tax savings.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Sounds like the loan isn't even approved yet, if they are asking for more things and you are waiting for the letter of offer. I would be more worried about losing your 10% deposit and being sued. Have you been issued with a notice to complete yet?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    The trouble with selling is all the costs involved.

    Why not buy the future PPOR as your next IP, then move into it later when you need to.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Start paying extra now to get ahead a bit if you are worried. It will save you interest and speed up the process.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    mrproperty.

    You may have to get a bit creative. Tax deductibility is determined what the borrowed funds are used for. So you could take out all of your offset money and use that with no issues as it is not borrowed. Then set up a LOC on the property and use this for investment expenses. This will free up money you would have used to pay into your new home loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    You are just increasing one investment loan to pay another. And the increase is a small amount, so it may be easier just to increase the existing loan. At tax time the interest may need to be apportioned between the 2 properties, but, if the loan is IO it should be easy to work out. If you get it wrong, you won't be paying any more tax anyway.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Put a notice up on the notice board (friend of mine did this an got a unit cheap) and approach the managing agent – if there is one who does most of the building rentals.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hi Angela

    I think the main problems lenders have, or had, with HDTs was that the owner of the property would be the company whereas the loan needed to be in the unit holders name. Having a loan in someone other than the owners name can create legal problems down the track if things go wrong. I don't think tax issues were of any concern to lenders.

    As for your accountant, HDTs have been known to be 'faulty' for about a year or more now. The ATO put out some alerts about them ages ago too.

    With the PSI why not talk to a few different accountants to try to work out a way to get around the income being classified as PSI. Maybe your husband can sub-contract some of the work out to you as trustee of XX trust for example. This may help get some of the income into the trust to offset the losses.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Viewing 20 posts - 9,101 through 9,120 (of 16,328 total)