Forum Replies Created
hi Mrs Palmer
If you buy and sell properties you are going to have to pay taxes, whether it be income tax or CGT – assuming you are making a profit. A good way to reduce your tax bill is to use a discretionary trust structure. Have a look into these.
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 have found SGB to be one of the best when dealing with trusts but not so with westpac.
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
You are crazy if you are just taking advice off a forum. Go and see a solicitor before you sign,
What happens if you don't specify the details of the finance ? The vendor could find you a lender at 20% pa and your could be in trouble.
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 guess a trust could pay for personal expenses of an individual. It depends on the wording of the deed. Many would be set up this way – eg if the kid is a loser and the parent is worried he will blow all the money when the parent dies.
Or the personal expense payment would be just a distribution.
Either way the recipient would have to be tax on this.
other than this if the trust is running a business it may be able to give employees or associated persons small infrequent gifts and possibly claim these as a tax deduction.
You could also possibily claim personal expenses by claiming they are business expenses – maybe this would be classed as tax avasion though. eg. claiming the pet dog as a guard dog for business premises, the baby sitter as an officer worker etc.
Who the trustee is shouldn't matter.
(I am not an accountant)
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 Johann
Never pay off a property loan. Use a 100% offset account instead.
Once you pay off a loan, especially an investment loan, your money is trapped. What would happen if you wanted to buy a home to live in? You would have used up all your cash and would have to borrow to buy – and pay non deductible interest.
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
yeah, right.
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
No Doc loans are generally hard to find and have high rates – you will need decent deposits too.
Low Doc loans generally require 2 years ABN these days as well as 1 to 2 years GST registration if your earn more, or declare more than $75,000 pa. ( you would be required to be registered for GST if your turnover is more than this – not profit).
Paying yourself a wage or your 'business' paying you a wage doesn't really help either as you are self employed. They will want 2 years tax returns for both business and personal if you are director of the company. If someone else was director and you received a wage, then you may be ok.
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 Johann
Never pay off a property loan. Use a 100% offset account instead.
Once you pay off a loan, especially an investment loan, your money is trapped. What would happen if you wanted to buy a home to live in? You would have used up all your cash and would have to borrow to buy – and pay non deductible interest.
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 client told me earlier on, but i didn't believe it until i got the email.
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 should add that distributions from a company are the same, you can take that into account for servicing, but a better way to hold shares would be through your discretionary trust 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
Sydney Sider wrote:That is some fantastic advice. Thank you very much! Opening the offset account and waiting a little while until there's enough $ in there before getting the 2nd loan sounds like the solution! So if I currently have a minimum monthly repayment for my investment loan of $2,000, does this amount still go directly into the loan or can I choose to have this amount go into the offset account. I'm looking at the "ANZ One" offset account at the moment and the only cost I see so far is a $10 per month servicing fee so I imagine I'd still come out on top by having it.Hi SS
Have a look at the prof package as they waive the monthly fees and give you a discount on the rate. You have to be careful with the loans as if you have a PI loan the monthly repayments are generally fixed, so even if you have heaps of money in the offset, you will be paying the same amount each month and it will be reducing the loan. With the IO loans the monthly payment will just be interest and this will vary depending on how much you have in your offset.
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
magic32 wrote:So for the guarantor to have no assets in his own name would mean that he would need to show serviceability from employment income? What if the guarantor was a bit more wealthy and no longer had to work, and his income is from his shareholding in a business, and that would not be good for asset protection, what would be a good arrangement / structure there?Yep, you would need to show an income for serviceability. You can't always have you cake and eat it too. But if the guarantor had income from employment that would be great. They can also receive income from the trust as a distribution each year – though for tax minimisation reasons the trust income may be distributed to lower income earners first. If trust distributions are to be relied on, the banks will generally want 2 years tax returns for the trust and the individual.
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
roslynnchalwell@yahoo.com wrote:That is great news especially when my IP loan has just come off a fixed rate of 7%. I received a letter just before the last rate cut saying that my new rate would be 9.37% now 8.57% still higher than my home loan. I rang them up to negotiate a better variable rate and was asked if I wanted to fix it again, which I thought was pretty funny and of course my answer was NO.Still waiting for a loans person to get back to me. Don't see why I have to pay more than I do for my home loan and I have all my accounts, loans and company accounts with them. Hopefully they will come to the party.
Ros
Hi Ros,
Don't forget you may be eligible for discounts on the professional package of up to 0.70% – which could get your rate down to around 7.62%.
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
It should qualify as long as the properties are new. I beleive you will only qualify if the property is going to be your main residence and you will live in it withing the first 12months.
You can confirm this by ringing the office of state revenue in your state.
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 O
That sounds like the way most do it. For tax reasons you will need to apportion the interest between properties – tho overall it should be the same, and it is easy to work out as the loans will be IO so it should be a straight percentage used for each 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
Ah, you beat me to it Richard!
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
Mr Obvious wrote:Terryw wrote:2. You should never pay anything off of an investment loan, but place all money in a offset account. So you save the same interest, but still have your funds available without adverse tax consequences. Once your IP is paid off you will be paying tax on the rent and will need a high loan, which won't be deductible, for the new owner occupied property. A double whammy of pain.Thanks, sounds like excellent advice.
Could you expand on "still have your funds available without adverse tax consequences" for me?
By "Once your IP is paid off you will be paying tax on the rent and…" are you suggesting to manage the amount borrowed against the IP (by the amount in the offset account) to incur sufficient interest to cover the amount of rent and hence avoid any additional tax? (I'm somewhat naive)
Cheers.
Hi Mr
When you pay down a loan it can be 'dangerous' as the money cannot be withdrawn without tax problems. It is good to save interest, but can hurt at tax time. better to show you by an example.
eg. You have a $200,000 loan on the investment property while you live with your parents. You save like mad and pay this off totally. You may get $10,000 pa in rent, but since you have not interest to deduct, you will be positively geared, ie making a profit. Maybe $8000 per year, assuming $2000 in other costs and no depreciation. If you are on the top rate, then you may pay $4000 in tax.
Now say you go out and buy a property to live in, assume $200,000. All your cash is locked up, so you need to borrow $200,000 to get into this property. You will be paying around $16,000 pa in interest, and this is not deductible because it is an owner occupied property.
So you are paying $4,000 in extra tax and $16,000 in interest = $20,000 pa
Instead of the above, suppose you had a $200,000 interest only loan for your investment and had a 100% offset account attached. You placed all spare income into the offset and nothing into the loan, so eventually you had $200,000 on the loan and $200,000 in the account. You would be paying no interest at all – which is the same as above. Since you are paying no interest, you would be paying around $4,000 in tax on the rental income.
Now, you go out and buy the $200,000 property to live in. Instead of borrowing the lot, you just take it out of your offset account. When you take the money out, you will be paying interest on the full $200,000 loan on the investment again, but this loan is still deductible as the balance hasn't changed. So $16,000 interest on the loan would mean the investment property would mean there is a loss of about $8,000 pa. This may save you $4,000 in tax. So it would cost you $14,000 pa.
The offset method would save you about $6,000 pa.
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
If you borrow money to invest, then it is generally tax deductible. Taking money from a LOC is borrowing money. I would keep the LOC totally separate – no personal use at all if possible. Also look into borrowing from the LOC to pay expenses and keep your cash available for personal use – put it in your offset on the home loan if you have one.
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
1. I think you may be eiligible for the grant, but may not be for the stamp duty exemption
2. You should never pay anything off of an investment loan, but place all money in a offset account. So you save the same interest, but still have your funds available without adverse tax consequences. Once your IP is paid off you will be paying tax on the rent and will need a high loan, which won't be deductible, for the new owner occupied property. A double whammy of pain.
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
You better ask your solicitor this question. In NSW I think stamp duty is payable within 3 months of exchange of contract. So the exemption may have already been applied for? But if you don't settle then you may still be eligible. But then again you are cancelling one contract and signing a similar one for the same property, so they may not allow it as it is just being done in an attempt to get the grant.
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



