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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    You can still claim things on your property if you are not in Australia. You will have rental income which can be offset by the expenses but you are likely to run at a loss. If you don't have any other income then you will have a loss each year and these losses will build up until you earn a postive income to offset them.

    You also should look into the tax laws of the country you will live in. Often countries have agreements with Australia called double tax agreements which they will not tax you twice. The income earned overseas will have to be declared on your Aussie tax return, but you may not have to pay tax depending on the circumstances. If you have a loss here, you may be able to offset this against the income over there. Its pretty complex.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi Goodenergy.

    You should be able to get a loan of up to 70% of the value of your investment property. You can then use these funds to pay cash for the property in Tasmania. You may qualify for a No Doc loan if you have been self employed for at least a day.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Just look around. There are plenty on this forum and if you can't find someone you could post here asking for recomendations. I think their fees are around 2% of the purchase price.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi

    This is fairly common. I have a friend buying the commercial shop which they are renting by using this method – and they will be paying less than the rent they are paying now and will end up with the property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi Andrew

    It is a bit difficult as you are mixing business and pleasure with the one block. Having a trust will save you tax by allowing distributions to the non-working wife, but you may pay tax on the owner occupied portion which you could avoid if you purchased in your own name.

    There are a few options which you could consider such as buying a larger share in your wife's name. This will give you the main residence CGT exemption for the front portion and keep tax low for the investment portion.

    Another option is to purchase jointly with a trust and your own names. A deed of partition needs to be set up at the start and with you and the trust owning x% and y% each. when sub-division occures you can have your name on one title and the trust name on the other and stamp duty can be avoided. You can then sell wihout CGT on the owner occ and then minimal tax on the trust portion. This can cost a few thousand to set up.

    And don't forget if the ATO deemds you to be entering into the purchase with the intention to make money from it they can still deny you the main resident exemption.

    To sum up you could:

    1) buy in own names only

    2) buy jointly with non working spouse receiving the majority of ownership

    3) buy in a trust

    4) buy jointly with a trust and your own names and using a deed of partition.

    So i think you need to work out the rough figures such as profit on sale and holding costs and then work out which way would be best. Then you should go to a good accountant and get some propert advice.

    I have also assumed that you don't have any other property which you could be claiming the main residence exemption.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Yes, you can set up a 100% offset account linked to your investment property loan. You will not be paying down the loan with any deposits to the account. It is totally separate to the loan with its own account number so you can make deposits and withdrawals without tax consequences. It is very common and I have been doing it for years.

    Maybe you didn't explain it properly to your accountant. Try again and if he disagrees ask him/her to justify it as it is costing you money to take incorrect advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I have bought about 10 properties unseen. I wouldn't recomend it though unless you can get someone you can trust to look at it for you. You never know what is next door or around the corner. Using a buyer's agent is a good idea, they charge fees for their service – but it could be worth spending the money as it could save you a lot in the long run.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Jackie1966 wrote:
    If all offers were accepted then I would imagine that the bank wouldn't loan you the money to buy all the properties anyway so you could legitimately cancel under the finance clause, couldn't you?

    Possibly, depending on how you were to word the clause and the vendors were notified in time.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi

    Is it possible for foreign non residents to get finance to purchase in Dubai?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Its a bit complicated in renting a property from a company you are a director of as your employer will be providing you with a benefit and there is Fringe Benefits Tax to be calculated. This is very confusing (to me anyway).

    As far as I am aware your company will have to charge you market rent and you will just pay this as if it is a third party that owes the property. You may be able to do some things such as charge yourself a lower than market rent (eg. if you mow the grass) or a higher rent (if the company has the grass mowed etc) depending on the circumstances, but should seek the advice of your accountant.

    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
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    @terryw
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    Hi Enigma

    Usually DT deeds are worded so that a company in which you are director or shareholder will also be a beneficiary of the trust. Usually the company does not have to be in existance when you set the deed up so they can be added later when needed. Having a company as trustee is a different matter and is mainly used to protect yourself as if the trust is sued and the trust assets are not enough to meet the debt, the trustee's personal assets could be at risk. It is also helpful haivng a company as trustee for changing things around – eg you could change directors and have someone else guarantee the loans down the track if something ever happens to you (like bad credit). There is also the privacy factor as it is the company name that appears in the land title records.

    Company's only pay tax at 30% and can be used to limit the tax rate to this. Not sure what you mean about the imputation credits. It a trust makes an income this is distributed to a company or individual etc and they pay tax on it. if the company then makes a dividend payment to a shareholder the shareholder may get a refund of tax or have to pay more tax depending on their incomes.

    I don't think there is anyway to transfer assets to a trust without triggering a CGT event.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    It will be very hard to find someone as you may need several professionals. The best way is to start researching things yourself while using the best people you can find and learn as you go.

    There is a good general book on financial planning called "DIY Financial Planning" but no book is going to have all the good stuff in it as things are changing so rapidly and authors seem to be pretty conservative. The forums are the best place to learn I think.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I know of the situation in Japan, and if you are working there, earning yen you can get loans for Aussie property in Yen at rates around 2%pa. But you must refinance if you were to leave the country. Don't know about other countries.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I think the problem with buying overseas is getting finance. How hard is it to get finance if you are a non-resident?

    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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    @terryw
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    I would be very careful in making offers. you could have binding contracts if your offers are accepted and multiple binding contracts could be painful!

    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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    @terryw
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    Good work Peter. Imagine what you can do when the PPOR loan is paid off and you can divert those repayments into more investments.

    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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    @terryw
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    I agree that it is probably not a good idea to set one up until you know what you will be doing – You will need to lodge tax returns and ASIC fees (if company trustee) etc so it could be costly. Just start doing the research now and get ready.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi Glenn

    Here are 4:

    71023

    http://ato.gov.au/rba/content.asp?do…tent/71023.htm

     

    65710

    http://ato.gov.au/rba/content.asp?do…tent/65710.htm

     

    66594

    http://ato.gov.au/rba/content.asp?do…tent/66594.htm

     

    66298

    http://ato.gov.au/rba/content.asp?do…tent/66298.htm

    The National Tax and Accountant’s Association has published a useful paper on hybrid trusts which is publicly available at:

    http://www.ntaa.com.au/media/associationatwork/Usinghybridtrusts.html

    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
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    @terryw
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    If you leave things in your parent's name, then you cannot claim things, only the owners. You could lend them the money and they would be able to do the development and claim the expenses though. They have lower incomes so this may result in less tax later on too.

    Not sure what you mean about your repayments being used to minimise CGT. CGT is not affected by repayments on interest. Interest is an income expense so comes into play elsewhere.

    I am not too sure about GST – it is too complicated to understand.

    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
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    @terryw
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    Chan Naylor wrote:
    Hi Everyone

    For clients of ours who are in NSW and its their first property we usually recommend they use our “Fixed Property Trust” which is treated similarly to a FUT except we have other benefits such as no vesting date that are more specific to properties.


    Thanks for the explanation Chan-Naylor.

    Could you explain the above quote please. I am interested how a person in NSW can set up a trust without a vesting date. South Australia is the only state without a Law on Perpetuities so it may work by forming a trust and trustee company in SA but can it work for property held outside that state?

    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

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