Forum Replies Created

Viewing 20 posts - 10,161 through 10,180 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I would have thought it the value of the land at the time of sub division. check out http://www.bantacs.com.au and get a few more opinions as the ATO is often wrong.

    I think if you had purchased prior to about 1985 there is no CGT as it only applies for property purchased after its introductions

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi

    Yes you could get a LOC on your 2 bedroom unit and then pay cash for the new one. That would keep the new one unencumbered – you could always mortgage it later.

    If you are going to live in the new unit, then the interest on the loan will not be deductible. And since your existing unit has no debt, if you start renting it out it will be positive cashflow and you will have to pay tax on the rent (less deductions).

    It may be better just to stay in the existing place and rent the new one?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    LVR is just loan divided by value.

    So if you loan of $630,000 is 95%, the value must be around $663,158

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi

    I think the GST will be on the full sale price, but you should be able to claim a refund of GST on the materials you purchase for the house.

    Don't think you can avoid GST unless it was your intention to hold onto the properties long term.

    There are some good documents on this available at http://www.bantacs.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You will have to pay stamp duty on the market value, so if the house being removed reduces the value then it may save you a  few bucks (it could increase the value too, depending on how good the house is).

    Other than this, there is not real way to reduce stamp duty other than leaving it in their names – maybe you could do some sort of JV?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Stewar

    You haven't worded that very well, so it is unclear what is happening.

    Is company A going to buy a unit (a flat) is units in a unit trust?

    Is Mary etc buying shares in the company or is she buying a percentage of a property that the company is selling?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    StumpCam wrote:
    Alex, you can claim the FHBG, but it would be best to do all that through your solicitor to make sure it's all done properly. You can also rent out your PPoR while you are living in it, and still keep your CGT free status for six years. It may be better to start living there by yourself for a month to establish it's credentials as your PPoR, but after that you have six years. All you have to do after that period is kick your boarders out for another month, and it resets again. I used to think the six year rule was only for when you were overseas etc, but I'm told by my accountant that you can still live in it and claim that rule. (You can't have any other property as your PPoR at the same time of course).
    If for example you get two boarders sharing with you, then you can also claim two thirds of the rates and interest as a deduction. You'll have to declare their rent as income of course, but it's probably much in your favour, as it will be net negative in the current climate. You can probably claim proportionate depreciation as well.

    Stumpcam

    I am afraid the 6 year rule only applies if you are absent from your main residence. If you are living in it while renting out part of your house it doesn't apply. see s118-145 ITAA

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    If your trust owns the property then it has to claim the deductions. Losses from a trust cannot be offset against personal income.

    A way around this is to use a unit trust or a hybrid trust and to borrow in your personal name to buy the units. This allows negative gearing in a trust, but the trusts will be restricted as far as flexibility to distribute income is concerned.

    it doesn't matter what is used as security, deductibility depends on who borrows the money and what it is used for.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    It may be possible, but you will need specialist advice. The ATO has introduced measures to stop people doing what you are describing. They call it the 'Alienation of Personal Services Income'. There are various rules to overcome.

    If it is an overseas company, then there may be opportunity for you to set up an entity overseas so that you could keep some money over there or in a lower taxed country. If set up properly you could do it legally, and reduce tax that way too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    you could amend the deed, but that will cause a resettlement as crj mentioned. That means the existing trust comes to an end and a new trust is formed which is the same as the old trust selling everything to the new one = stamp duty and CGT. So you will want to avoid that at all costs.

    Looks for ways around it. eg, you are mentioned so it may also mention any trust in which you are a trustee also being a beneficiary. So you could then get the money into a new trust which you can then have your children (and everyone else practially) is a beneficiary.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    The only reason to borrow to buy would be so that you could afford a few more properties.  I think it would be pointless to have, say, $300,000 sitting in an ING account earning 7% while you borrow $300,000 from ING at 9%. It may only work is you have a non-working spouse who could earn interest on your money and pay little tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I think you only need to live there to qualify for the grant. Taking a boarder should not matter with the OSR, but it will matter with the tax man. You will lose the CGT free status of your residence – or the part that you rent out.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I think Richard meant 'beneficiary'. It wouldn't matter who the trustee is as the trustee's role to to determine the distribution, it is the beneficiary that has to pay the tax.

    Having a company as trustee who help as it would look less like a blatant scheme to avoid tax. The people at the ATO are not only handsome, they are smart so it would be wise to spend a bit of money and to go and see a good accountant. It could save you thousands in tax.

    Tax is usually paid at the end of the year, tax year, and if you use an accountant to do your tax return you could delay it up to March the year after!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I am pretty sure St G require an ABN, not sure about the GST

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    sounds feasible to me – with limited knowledge of super.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I doubt your employer could pay your trust unless it did some work for your employer. Maybe it did?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Can be much harder to get finance in the smaller towns.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Some tips:
    – get a part-time job now, build up some history and then go full time immediately after finishing school – you may be able to qualify for the loan straight away if your income is sufficient.
    – get a cheap place to start off. COnsider getting the FHOG and living in it 6 months, then moving out and renting it while you live at home. It can still be CT exempt while allowing you to claim expenses etc
    – get a IO loan with a 100% offset. never pay down the loan.
    – Consider getting a job where you can learn about property. Finance is good as without loans you cannot progress very far. Do you job for a few years and then move on to another area and build up your knowledge. Building knowledge is great.
    – Don't bother going to Uni, but Study for a Law degree on weekends. Will come in very handy. http://www.usyd.edu.au/lec/

    BTW, you won't be able to get a loan until you are 18.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    GST is very confusing isn't it! I think GST only applies to residential properties if they are new – ie being sold for the first time, otherwise they are exempt.

    BTW, there are a lot of good articles on GST, CGT etc at http://www.bantacs.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I would say that you probably could claim them – but only to the extent the tools were used in money making activity. Depending on the cost you may be able to claim some outright, with others depreciated.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 10,161 through 10,180 (of 16,328 total)