Forum Replies Created
- not_so_lucky wrote:Terryw wrote:To make it simple this is basically what you do.
You add up all expenses related to the property.
Then you add to this non-cash expenses (These are things you can claim without actually paying for them there and then – eg. travel, borrowing costs, depreciaton of fittings, deprecriation of building etc).This gives you your total expenses.
Profit is income minus expenses. So your rental income – the above two lots of expenses.
If the figure is negative you can minus this from your yearly income and you will get a tax refund at the end of the year, or weekly if you fill in the variation forms with the ATO.
Sorry about going off topic but is it possible to fill in the variations form with the ATO by claiming the cost of other work related expenses?
Hi
I am not sure, but beleive you can. The variation form could probably be used by anyone who is paying more tax than they should be. It would be better to get the money in your account asap so you can earn interest on it.
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
You can can negative gear your own home, but beware.
You may be able to save a few hundred or even thousand in the early years, but this could expose your home to CGT which could cost you much more in the long run.
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
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
cchandra wrote:Hi Everyone,I have a couple of questions and hope someone can help clarify it.
What is the difference between a unit trust and a company ? and
Does a unit trust have the same obligations as a company ?I would like to eventually set up a company to sell brand new properties/apartments and was going to set up a company initially.
Thank you
CharlieHi
There are a lot of differences between a unit trust and a company. I think the main one is the limited liability of the company. A company is a separate legal entity so if sued it is treated like a 'person'. It is the company that is sued and if the company does not have enough assets to meet creditors it will go down, The directors and shareholders personal assets are not at risk. (director's assets can be at risk if they act illegally).
With a trust, it is not a separate legal entitly (though is treated as one at tax time). When a trust is sued it is the trustee that is sued. The trustee is usually covered by the assets of the trust, but if these are not enough, then their personal assets can be at risk.
So if trading a company is usually the preferred structure.
Another aspect is the public reporting requirements of a company. The details of a shareholder, or director must be reported to ASIC and this information is publically searchable – including name, address, DOB, place of birth etc. With a unit trust the unit holders are generally not searchable as the deeds are not registered.
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 Andrew
You will need to check with your solicitor, but my understanding is that the trust will need to be established before you enter into any contracts. You may be able to sign "xxx and/or nominee" you may be able to nominate your trust prior to settlement. But you need to be careful as some states do not allow this – so you may be charged stamp duty twice (on initial purchase and on your sale/purchase to your trust).
The main residence CGT exemption can only apply to one property at a time. I don't think there is any limit on the number of properties you can claim CGT exemption on, as long as no overlap, but if you do it in a business like manner, the ATO could deem it a business and still tax you.
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 should get the depreciation booklet from the ATO – it should be available for download.
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
The agents usually get the tradesperson for you. But you need to be careful as if the agent is unscrupulous they will event things that need to be repaired and then possibly get their tradesman friends to repair the items at higher rates.
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
Sorry, a No Doc loan is a type of loan in which the lender does not ask about your income. They just ask if you are self employed, have good credit and have a deposit. Rates are slightly higher than normal loans though.
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
Where are you living now? It might be best to buy a place to live in so you get the CGT exemption and then borrow against this to buy a few more properties.
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
Michael Yardley's book is good as is Peter Spann's – forget the titles sorry, but the best resource would be reading as many posts on these forums as you can.
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 Margaret
If you have already signed and exchanged contracts, then it would probably be too late to change it to a trust or a company now without incurring stamp duty – but things vary from state to state so at least make some enquiries.Its true that children cannot earn much income from a trust without getting hit with very high taxes, but each child can earn arouind $1300 pa without paying tax. So if you have 2 children and you are on the top bracket having a trust could save you $1300 pa approx.
But children are not the only beneficiaries. There may be times when one of you is not working for a year and has no other income. The trust could then divert income to this person who will pay the least amount of tax. The next year things may change and so the income can go to the other person. DTs give this flexibility.
Also your family will change over time. You may only have 2 children now, but could have neices and nephews, grand children, adopted children, your children could marry etc. This will make the number of potential beneficiaries huge giving wide scope to reduce taxes.
And if you are on the top tax bracket, or if you are not on the top, but paying more than 30% in tax, then you will be able to set up a company and distribute to that capping the tax at 30%.
But your situation is a bit complex so you will need to get some good advice and will need to consider land tax, any negative gearing losses and loss of the main residence exemption if purchased in a 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
The St.George Foreign Currency Home Loan offers customers who may be residing either within Australia or offshore the ability to borrow funds in a foreign currency, provided their main source of income is denominated in the same foreign currency, creating a natural hedge for loan repayments.
Foreign currencies available are:
- Hong Kong dollar (HKD)
- United States dollar (USD)
- Singapore dollar (SGD)
- British Pound Sterling (GBP)
- New Zealand dollar (NZD)
- Euro (EUR)
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 could get a managed fund set up. You would need to start off with at least $2500 and then need to add to it monthly. Some funds have returned 30%+ pa. But there is no guarantee you will get this. Or you could stick to putting your money into a high interest savings account such as ING.
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 never recomend paying any money into a LOC at all – except to pay the interest. All money including wages and rents should go into the offset account.
But in your cash you have no personal debt so you could pay it into the LOC – but this will make you lose flexibility if you ever wanted to get the money out for personal reasons.
I personally would get all income into the offset, maybe pay expenses with one visa card and then borrow to pay this. All other property expenses would be taken from the LOC. I wouldn't bother about multiple accounts myself. I would just pay the interest on the LOC.
Once you get the offset account up to a certain level you could possibly look at paying down the LOC – but only if you are sure you will never need the money for personal stuff.
You will also be paying a 0.1% extra on the LOC.
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 Brendan
Have you tried Bankwest?
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
To make it simple this is basically what you do.
You add up all expenses related to the property.
Then you add to this non-cash expenses (These are things you can claim without actually paying for them there and then – eg. travel, borrowing costs, depreciaton of fittings, deprecriation of building etc).This gives you your total expenses.
Profit is income minus expenses. So your rental income – the above two lots of expenses.
If the figure is negative you can minus this from your yearly income and you will get a tax refund at the end of the year, or weekly if you fill in the variation forms 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
Who is he and what is the focus of the seminar?
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
critter66 wrote:what do we do???? we own a house valued at $530K….we now have three kids and need to move closer to work , schools etc….we could get $440 rent per week but the houses in the areas we need to live in are about 700K…we are not savvy with investing, we had our heads down for years to pay the house off ,we have a joint income of $100k. could we get some advice please….You could rent in the area you wish to live in. You may be able to claim negative gearing on the old house, saving tax and structure it so that you can avoid CGT on this house even though you are renting. The rent on the new place should be much cheaper than what you would be paying on a loan for the same property.
Or you could sell the old one and buy the new. There would be a lot of costs involved.
Or you could keep the old one and buy the new one as well. The trouble with this is you would probably need to borrow 105% of the new place and pay lots of interest which would not be deductible
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
Brendan Irwin wrote:i would like to buy a property with 2 other friends. The banks and other lenders want a 20% deposit. We are unable to come up with this amount. We have negotiated a good price for the property but we need someone who can finance it for us. Is this possible to be done under a wrap? And is there someone out there that can help us?Hi Brendan
What is the reason the banks will not lend more than 80%? If you look around you may find some other lender out there.
If not, then you could try to get the seller to finance the 20% for you. This is called vendor finance and it works as though you are borrowing the money from the seller. Rates and terms etc are up to you to negotiate. it could be 5 years IO or 2 years with no interest etc.
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
Offset accounts cannot be set up against LOCs – the Portfolio with St George is a LOC.
I would only use the LOC for the account to be drawn down on for investment expeses and deposits. These should be set up any spare equity.
Set up a IO loan for the main investment loans and connect a 100% offset account to this. All money should go into the offset. Don't pay any money into the LOC or it will be locked away with potential tax problems when taking it out again.
All expenses should probably be paid for by borrowing money from the LOC. The cash you would have used can be stored in the offset account. This is not a big deal as you don't have any non-deductible debts, but it may be a good idea if you want to upgrade your main residence later – ie take out a new loan to buy a more expensive one.
You cannot set up a credit card on the Portfolio loan. These are just set up in your name and you can chose how to pay it as you like. If you are using the card for just investment/business expenses then you could borrow from the LOC to pay for it.
No real reason to set up a savings account as you will be using the offset account for this.
LOCs can have cheque books which come in handy when paying deposits etc. You could probably also get a cheque book linked to the offset account for the personal stuff.
With the portfolio the LOC can be split into up to 10 accounts and the limits on these can be changed later. So you can readjust things as time goes on and your circumstances change.
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



