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  • Profile photo of TerrywTerryw
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    Also there are various rules with carrying forward losses in a trust. The trust may have to make a "family trust election" which may reduce the number of potential beneificiaries you can distribute to:

    http://www.moorestraining.com.au/files%5CResearch%20Material%5CFamily%20Trust%20Elections%20_2_.pdf

    So many things to consider!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    And why have you posted that here? This is forum not an advertising board and the topic of this thread is Japan anyway!

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

    You just have to tell the agent you are going to manage it yourself, and give them the appropriate notice. Then you will need to tell the tenant and arrange how the rent is to be collected. Be prepared for a few extra phone calls and stories on how hard it is for them when you try to put the rent up etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Loans for land are available up to 95% LVR depending on the location. So you may need as little as 5% deposit. Most lenders offer land loans but some have a requirement that you must start building within 12 months.

    There is generally no difference in applying for a owner occupied loan v an investment loan. Same rate and conditions etc. Owner occupied loans mean you may have more rights if things go wrong – the UCCC.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Variable rates vary. They go up and down and there is no requirement for the lender to follow the RBA cuts.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    St George aren't allowing extra money out – over $10,000 – on the low doc product. 

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Just moving costs!

    Be aware that you cannot increase the loan on your current home and claim the interest if the money is used for the new home.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    daniellee wrote:

    Hi,

    After re-reading the opinions and comments of many who responsed, I thought about the Discretionary Trust once more. It finally made no sense to me to be concerned with a few thousand in cashflow loss from not being able to claim the interest deductions and depreciation.

    My partner and I discussed about the use of a Family Trust with Corporate trustee in greater detail, and I reworked the figures to include capital growth. Our cashflow loss will shrink over the years as rental income grows and depreciation reduces, and it became clear that after 5-7 yrs, distribution of capital growth to reduce tax when we do sell a property is going to be a bigger issue than the accumulated cashflow losses.

    Sure, the loss of the negative gearing benefit is going to cramp our cashflow for a while, but that only means we have to bargain harder and buy better.

    The workings I did was this:

    Cashflow loss (Yr 1): -$8.3K (interest and depreciation)
    Capital gains (Yr 1): $21K (IP valued at $300K @ 7% growth)
    Net gains (Yr 1): $12.7K

    Cashflow loss by Yr 5: -$40.9K (Accumulated interest and depreciation)
    Capital gains by Yr 5: $120.8K (IP capital growth over 5 yrs)
    Net gains by Yr 5: $79.9K

    So, we will have a good problem of distributing the net gains between us. Assuming 50% CGT on the net gains, we are still talking about nearly $40K CG. This problem could be exacerbated if in 5 yrs time, our income nears the 30% income threshold. Then, at least if we were to have a corporate trustee, we can keep the money in the company to have it taxed at 30%, and not add the CG to our personal income and have it taxed at the next tax bracket; or we could spread that CG among our immediate family.
     
    So, I will go back the accountant when she reopens for business in 2 – 3 wks time to discuss about setting up a DT with Corporate Trustee. Now, I am actually more concerned about dealing with the amount of capital gains that comes with selling a property than the accumulated cashflow loss, but that is a good problem to have, and am pretty confident a Trust is going to be helpful to us.

    I read about the strategy of leaving the money in the company to have it taxed at corporate rates instead of the higher personal tax rates, just wanna check that this is all legal, right? 

    Thanks, everyone for your help.

    Regards
    Daniel Lee 

    Hi Daniel

    $8,000 per year is a big loss!

    Did you know that CG cannot be offset by income losses? I have never had an income loss so am not too sure how it works, but this is something you should discuss with an accountant.

    What I think it means is, using your above example, you will have to distribute the $120k capital gain and still keep rolling over the income loss in the trust until other income can be used to offset it. The 50% CGT discount can apply to the CG if it is distributed to an individual.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    PosEnterprises wrote:
    That is exactly what I was alluding to. Sorry about my wayward question.  Yes If you are a PAYE employee how do you get around this?  If you wanted to have the benefit now of borrowing in your own name but using a corporate trustee to hold the IP for you and future estate planning how do you do it.

    It seems that getting finance is harder for full doc with a Trust or is only Lo or No doc lending that is hardest to get finance.

    How do PAYE wage/salary earners buy through a trust if they are not self employed or have a business with lots of cashflow.

    What accountant can give that advice or Finance Brokers with this level experience.

    Hi Pos

    If you are PAYE then it is hard to get some income into your trust. It is easier if you are self employed or run a part time business. Maybe you can find a relative or friend and do something creative.

    You cannot have a benefit of your personally borrowing with the trust owning the asset – unless you use a unit trust type arrangement.

    Finance is not really harder for trusts, but there are a few restrictions with Low Doc loans – ANZ and now St George won't lend to trusts

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    daniellee wrote:
    Hi, Everyone

    This is the cost pricing I have been given by the accountant.

    Tax returns for individuals: From $150 + $100 per investment property per yr
    Tax return for Trust / company: From $1000 upwards per yr
    Set up of Family trust without / with Corporate Trustee: $2200 / $1000

    Yr 1 with a trust, the running cost for us will be from $1300 (2 individuals + the trust).
    Yr 1 without a trust, the running cost for us is from $400 (2 individuals + 1 IP).

    All interest and depreciation would be trapped in the trust, so our holding cost would jump from $40 per person per week (utilise interest & depreciation) to $90 per person per week (no interest & depreciation available).

    So, what are the strategies around this?

    1 – Find another accountant who charges a cheaper price?
    2 – Bear the 3-5 yrs of no claiming of interest deductions and depreciation per property?
    3 – Change my strategy and start looking for only positive cashflow IPs?

    I understand the benefits of a trust, but the numbers are not stacking up for our cashflow. So, either most people who use trust are already experts at investing and every property they get their hands on become positive'y geared very quickly, or most who use a trust have to deal with the medium term cashflow pain.

    Regards
    Daniel

    Hi Daniel

    You can set up a trust yourself for as little as $257 (or less).
    You can set up a company yourself for $99 on the net plus the ASIC fee of about $400. Or you can go in to ASIC fill in some forms and just pay the $400.

    You need to know what you are doing to do it yourself – there was a post here a few weeks ago by a person who set his own trust up and forgot to add the appointor.

    I am not sure what the cost of a trust return is so much more than an individual.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Pos, I am not sure what you are asking.

    if the property is negative cashflow, then the losses will be stuck in the trust until there is a profit in future years. Depreciation is still claimable – it is not lost, but it is the trust that claims it. So a property may have a larger paper loss. Your own personal income cannot be offset by this loss.

    But, the loss these days will be low because of low interest rates and high rents. So the potential tax savings if bought in your own name will be lowish – more so as tax rates fall too.

    Carrying forward losses is less than ideal, but the future savings should be much more.

    It should also be possible to use the losses by diverting other income into the trust. This is not easy for wage earners, but can be done for self employed.

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

    I have a few clients who have used their services and I have spoken to Mike there many times. He is one of the most knowledgeable trust experts that I have encountered. Since the last time we spoke he has increased this knowledge by doing the Master of Taxation course at UNSW learning more about Trusts. All this comes at a price though and his fees are high.

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

    its not that complex – you can easily do it yourself. But I agree if using an accountant it will cost a little more.

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

    Thanks for the update.

    As you can probably gather I am a big fan of trusts.

    You keep talking about HDT – but these don't really work and I think you should be looking at DTs as this is where all the tax and asset protection advantages lay.

    Here is my response to your points:

    1. Not true. All lenders understand trusts. They are very common and lenders deal with them everyday. They also understand hybrid trusts – these are nothing special, just unit trusts with a discretionary component. The problem is they won't accept them or won't accept the loan in a different name to the person on the title of the property.

    2. With falling interest rates and high rents your properties will be only slightly negative cashflow. Therefore this should not be a major factor in holding you back from using a trust.

    3. The running cost of a trust is Nil. All that needs to be done is a tax return. If the trust owns one property then you can do it yourself. Nothing hard or complex about that. Or you can get your accountant to do it for you. For a trust return it may cost $200 and slowly rise as your trust buys more property and the tax return gets more complicated. The thing is you would be buying the same investments in your own name anyway, so you would incur similar charges by your accountant to prepare your own tax return. If you use a company as trustee then there is a tax return for the company too – but this should be a nil return and there is an annual fee to ASIC of about $200

    4. The majority of people may not use a trust, but do you want to be like the majority? What do the wealthy people do?

    5. Getting insurance may help, but doesn't cover everything or every situation. Not many landlords get sued, but that is not what you should be worried about. You could get sued personally for a number or reasons if you are start a business the risk increases dramatically. You can be forced into bankruptcy through circumstances that are not your own fault.

    6. Distributing income may not be relevant now, but what about the future? eg. your wife may take a year off work to have a baby, she may even work part time for a few years after that. Did you know each kids can earn $2666 pa tax free each year? If you were on the top bracket that means a trust could save you $1300 approx in tax per kid (and they don't even have to be your kids, most relatives under 18 would be covered).

    And what about CGT if you were to sell? Like my example above.


    One disadvantage with a trust is that you may pay more in land tax – in NSW it is about 1.7% of the value of the land above a certain threshold, think it is $320,000. But trusts do not get this threshold and pay land tax straight away. Other than this it is all positive i think.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    keiko wrote:
    Hi Terry, whats the current 2 year fixed rate with bankwest for commercial property

    Don't know sorry

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    And watch out trying to settle on the 24th – if it is delayed again for any reason you may have to wait weeks to settle over the holiday period.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Have a look at https://www.propertyinvesting.com/forums/getting-technical/legal-accounting/4326640
    Daniel may be able to recommend the accountant he is going to see today.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Hi Daniel

    It is possible to get other income into a trust and then offset any negative from the property – or you can let the loss roll forward to be offset by future gains.

    The purpose of investing is to profit so I think you should look at the long term situation. Saving a few thousand in tax now by negative gearing in your own name could cost you tens of thousands in a few years.

    eg. a mate of mine purchased a property in WA a few years ago. He was earning $100,000+ and his wife nil so he purchased in his own name. I advised him to look at a DT but he didn't. The property doubled in 2 years and he sold and had to take to full capital gain of about $200,000 after the 50% discount. He would have paid around $100,000 CGT while his wife was still on no income.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Sounds like this a a charge for breaking the fixed loan. It would be in the agreement you signed somewhere.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    these are hard to finance and hard to sell and probably lower capital gains as a result

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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