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hi it
You would each have your own units, like shares in a company. eg 100 units with 5 people = 20 units each. You could each hold these units in your own names, or jointly with a spouse, or, preferably via a discretionary trust. What the others do with theirs is up to them, but it would be preferrable if each had their own DT incase of bankruptcy. You wouldn't want 3 of them to go bankrupt (eg they do another JV project between them) and their creditors get their units and control of the trust.
Anyway, if you do it like this and there is a profit of, say $100,000. each partner would get $20,000 profit and this profit, if in a DT could then be distributed to the lowest income earners of your family. I think each kids is allowed $2666 each year before paying tax. A non working spouse can earn about $11,000 pa with no tax etc. This can save you a bit.
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 state are you in?
Sounds like that woman has an equitable interest in the property as she contributed to the purchase price. Since this means she has a caveatable interest it may be hard to remove the caveat by going legal on her, and could be very costly in the supreme court. You may need to negotiate with her, or her parents – maybe they may be more reasonable.
Get some old law textbooks – you can get them very cheap from the uni second hand bookshops and learn as much as you can about caveats and equitable interests. At the same time seek the advice of a solicitor.
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
Authorities probe sport betting scams
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Fair Trading investigators recently led multi-agency teams that included Queensland police and the Australian Competition and Consumer Commission in door-knocks of almost 40 sports arbitrage companies, mostly on the Gold Coast.
About 650 punters have complained since January last year of losing thousands on complicated betting systems.
Total losses amount to more than $4 million.
Complaints included not being able to contact companies after paying membership fees of between $3,000 and $19,000.
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 set it up like this:
PPOR value = $550,000
80% LVR = $440,000
Less existing loan of $316,000
= LOC of $124,000IP value = $300,000
80% loan = $240,0000So you would have loans like this:
1. PPOR of $440,000 = this is secured against your home
2. LOC of $124,000 = this is secured against your home
3. IP loan of $240,000 = this is secured against your IP onlyThis way your loans are separate. Not cross collateralised. 3rd loan can be with a separate lender.
LOC may be used for deposit and costs such as stamp duty, legals etc. The interest should be deductible. You can also use this for all IP expenses, maybe even interest or interest shortfall – check with your accountant.
IP loan should be interest only.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
It would be great if you could get someone to be trustee – and take the risk, but may be hard to do since they would be guaranteeing 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
A unit trust is great when different parties are involved. They allow the break up of profit in fixed shares, but offer no tax benefits or asset protection. Look at having your units owned by a separate discretionary 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
Hi
Do you intend to live in the rental property later on? If not, I would be reluctant to pay down the loan as once you pay it down, any withdrawal later will mean the interest will only be deductible if the funds are used for investment/business. So you may end up with a investment property with a very low loan, no cash, and then wish to buy a house to live in and have to borrow the lot. Better to use a 100% offset account.
These day I like shares more than property. You must be very careful though as things can get rough, so you need to do a lot of research and minimise your risks as far as possible. I think since you have free rent, then you might as well invest at least what you would have been paying in rent, and maybe more.
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
Yes, i would pay off the PPOR (if you do not intend to move out) and then reborrow the money to invest,
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
ATO ID 2001/79
Income Tax
Interest expense: Funds Borrowed
http://law.ato.gov.au/atolaw/view.htm?docid=AID/AID200179/00001#809189D2-7517-4af1-BAF0-1A36C3BB8640&numResults=0&command=%20m_objCurrentDocument.getElementById(%27veohrecs_fr%27).style.height%20%3D%20%27107px%27%3B%20m_objCurrentDocument.getElementById(%27Veoh_SpaceDiv%27).style.height%20%3D%20%2712px%27%3B%20m_objCurrentDocument.getElementById(%27VeohCompass.LoadingDiv%27).style.height%20%3D%20%270px%27%3B%20m_objCurrentDocument.getElementById(%27VeohCompass.LoadingDiv%27).style.display%20%3D%20%27none%27%3BTerryw | 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
sounds like a lame excuse to me. But if you can find another tenant at the same or higher rent it is 'no skin off your nose'
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
can be risky.
– you may qualify for a loan now, but changing circumstances may mean you won't qualify when it counts.
– properties can also drop in value/
– opportunity cost. You could be tied up with this and miss out on other opportunites that come up.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
One of my friends tried the horizon program. He had been a broker for 10+ years and had dip on fin services, PS 146 etc, and he missed out – it is very hard to get in, but looks like a great program if you can get in.
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
Edvico_kvn wrote:Hi Terry,I like your idea of having the LOC pay for the IP running costs (including interest of the I/O loan) and thereby increasing your tax deductible LOC liability over time while at the same time the I/O loan for the IP remaining the same balance and the offset balance increasing over time.
Do you recommend using the investor's salary/other income to pay for the interest payable on the LOC or use money from the offset account? If using the offset account money to pay for the LOC interest, the offset account will not increase as quickly (depends on the relative amounts of the rent income versus LOC interest – these 2 competing forces can either increase or decrease the offset balance over time).
Also, gotta be careful of Part IVA, because any loan arrangement with the "dominant purpose" of obtaining a tax benefit will not be favoured by the ATO. Have to argue this arrangement have another dominant purpose other than tax benefits
Hi Kevin
Yes, you have to be careful with Part IVA and have to find a good reason why you are doing it this way. But there is no rule, as far as I know, that says you must use your own funds to pay business expenses.
As for the interest on the LOC, i don't think it matters what you use to pay it, because all the income would be going into the offset account anyway. It may even be possible for this interest to be capitalised anyway.
Need to seek expert advice on this strategy as it is potentially dangerous, but could result in a rapid repayment of your home 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
remember a trust is not a legal entity, it is just a 'scheme' so it is the trustee that is the legal owner of the trust's assets. Trustee's name goes on title. The loan can be in the trustee's name without mention of the trust or in the name of the trustee as trustee for the XXX trust.
And, lenders will require guarantees. This is usually the trustees or the directors of the trustee company, but some lenders will also require all named beneficiaries to give guarantees too (which you don't want!). so be careful in setting up your 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
yes, this 'loophole' has been closed.
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
sounds like you are not renting to him, but he is just a boarder! Sharing expenses. should be any tax if just doing this.
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
deductibility will depend on what the extra withdrawals were used for.
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 believe the interest on the redrawn money will be deductible if the money is used for the investment property.
But this will be less than ideal for a number of reasons relating to working out the tax.
– If the loan is PI and it is decreasing it can be hard to work out the proportion of the interest which should be claimed.
– if extra funds are paid into the loan the funds must be applied to both portions (investment and no investment portion) in the same percentage of the loan.eg if you have a 95,000 loan with $5,000 redraw. YOu take $5,000 out for investment. then 95% of this loan is non-deductible.
if you then pay $100 into it, above the interest, then 5% of this $100 is attributable to the investment portion. if the next month you pay another $100 in, then 5% of this must come off the investment portion. So you can see it gets complex.a way to avoid this is the set up a separate loan account.
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 even while bankrupt you can get a loan – if someone will lend to you.
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
yes, i think you will have a uncommercial rent and this may lead to problems with the ATO.
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



