Forum Replies Created

Viewing 20 posts - 10,401 through 10,420 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You just have to work out what is best for your situation. And go with what suits you.

    Trusts don't pay any tax (unless the income is not distributed), they just distribute income to the beneficiaries. So if a CG is distributed to an individual they would be entitled to the 50% discount (if asset held for more than 12months). If to a company, then no discount.

    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 house is worth $500,000 just times this by 80% and minus your existing loan. This will give you the amount of usable equity without having to pay stamp duty.

    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

    There is no real way around it. You have paid down a loan so any redraw would be classed as new borrowings and the interest will only be deductible if you use the funds for investment purposes. That is why it is best to use only IO loans with a 100% offset account attached to at least one of your loans with any extra cash going into this account.

    Talk to your accountant about borrowing to pay for investment expenses such as insurance and rates. You can also ask them about capitalising the interest on the investment property. eg. Set up a LOC and pay the interest from this account. THis will free up your cash for using on the new home loan,

    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 it is only stamp duty on mortgages – not land unfortunately

    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 ATO site is back up

    http://ato.gov.au/individuals/content.asp?doc=/content/20046.htm

    Income of individuals under the age of 18

    Email to a friend

    Printer friendly format
    Decrease font size
    Increase font size 

    Warning: This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

    Income of minors

    A minor is a person who is under 18 years of age. Special rules apply to the income of minors.

    Under these rules, certain types of income received by minors may be taxed at higher rates.

    However, minors who are residents of Australia do not have to lodge a tax return if they earn less than $1,334 in 2006-07. This is because the low income tax offset of $600 offsets the tax payable on income less than $1,334.

    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 want to sell one property to buy another?

    If you sell your home you will lose the only CGT free asset you can have.

    Have you done the sums on renting this one out?

    What about just using some of your equity as deposits on 1 or 2 investment properties.

    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 Frosty

    Wage earner's could still be sued. One of my friends went crazy on her credit cards. She is being sued by various banks and will lose all her properties. If they were in a trust they would have been safe. Or you may have had some a drink and then have an accident, insurance may not cover you if drinking etc. And then there is the famous story about someone being hit in the head by a golf ball during a charity event. Insurance didn't cover the course during the charity event and the individual was sued.

    If you distribute money to people from the trust they must declare the money as income, so you will need to liase with them about it. What compensation you give them is up to you and your situation. I have various relatives which I could use and don't because of the complexity, but it would be possible.

    You could keep on buying negative geared properties to offset any positive geared income from other properties. But it would be a time bomb as rents would be continually rising. You may never need to sell, you could just keep borrowing and lving on equity, but your heirs may have to pay CGT eventually.

    With a trust there is an 80 year life so you will eventually have to sell their too. But 80 years is a long time.

    The ATO website is down atm, so I am not sure about the kids income, but it was approx $1200 last year.

    I did find these legal cases on Trusts and the taxation of children 
    FCT v Whiting (1943) 68 CLR 199 
    Taylor v FCT (1969) 119 CLR 444 
    Truesdale v FCT (1970) 120 CLR 353 
    Hobbs v FCT (1957) 98 CLR 151

    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 you have done well on building, why not just build another?

    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

    Paying PI and paying extra means you probably could afford to buy another. Just cut back to IO.

    BTW< if you still have a loan on your main residence, then you should not be paying PI on an investment. I wouldn't pay PI on any loans myself.

    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
    frosty1 wrote:

    HI ALL,

    i have been interested in the 'trust verses own name structure' for a while now and i am still unsure what is best.

    does anybody know anyone that has actually been sued and lost their properties or assetts?

    in a trust property expenses and losses cannot be claimed against personal income.

    who else would you want to pass income to through the trust other than your spouse or your children?

    children can only receive $500 or $600 without paying tax and then they pay very high tax there after.

    if your spouse is a low income earner, positive geared property or close to, could be bought in her name.
    or, negative geared property could be bought in your name if you are the higher income earner.

    sometimes the tax advantage can be better if bought in your own name, don't you think?

    what do people think?

    thanks,

    frosty.

    Plenty of people get sued every day of the week. Now I know probably 3 people about to go bankrupt. Once someone gets a judgment against you they can start proceedings to enforce it. They can get a court order, easily, to seize your property (car, goods etc as well as land), garnish bank accounts. if that is still not enough, they can easliy make you bankrupt if the debt is over $2500 (approx). They can't take assets that you do not own – unless you have transfered them recently etc to defeat creditors (eg selling your house to your wife a few months before going bankrupt).

    A trust is a separate entitly, for tax purposes, and so any expenses can only be claimed by the trust. If there is a negative geared property in the trust, on its own, then there may be a loss which cannot be offset against your personal income. So this is a disadvantage early on.

    other than your spouse and children, there is that cousin who goes to uni and doesn't earn an income – $10,000 pa tax free you could distribute to. If you have 10 of these family members, that is $100,000 income potentially tax free. There is also the possibility of distributing to a company – so when you are earning heaps and pay 48% tax, you probably don't want any more income so you distribute to a company which pays a max of 30% (if you have no other lower income tax pays to distribute to).

    Children under 18 can earn approx $1200 pa without paying tax -taking into account rebates etc.

    You could put a postive geared proeprty in the non-working spouse's name, but using a trust would make it much more flexible as the income could be diverted to a whole range of people – eg the spouse may go back to work and have a high tax rate. Trusts allow you to change things around.

    Tax adantages can be higher in your own name initially, but you are sitting on a time bomb as the purpose of property is profit. Rents will rise and there will be a large capital gain eventually.

    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

    Ring up and complain. Have a read of your agreement and see what it says – probably doesn't mention a time frame on when your house will be advertised, but I would complain anyway.

    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
    PosEnterprises wrote:
    Is it true that the finance is higher if you borrow through a trust though?

    No

    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

    Yes, you can make a claim via the administrator. Find out whot that is, maybe do an ASIC check and give them a call to see if they can tell you over the phone, or you may need to request the relevant documents. Once you find out who they are contact them. Also read you r guarantee contract – it may say something like the guarantee ending if the company goes into administration . If the company was stil lsolvent, that means they have money to pay their bills. This may not be the case at the end of the day, especially after the administrator takes their huge fees out. So you may have to share the left overs with other creditors.

    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 CJ

    Why do you say that "obviously" the interest on vacant land is not deductible when it certainly can be, if you are, or intended to, own the land with investment in mind?

    If you borrow money to buy shares then it sounds like you are borrowing for investment purposes. Taking money from a redraw is the same as borrowing. i would be claiming the interest if I did it.

    if your loan was IO, it would be easy to aportion the interest – it would be as straigh percentage.

    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 good as long as the properties don't go back in value – otherwise you have lots of equity just sitting there being wasted.

    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

    That is only one of the many rules. it seems a very complex area of tax, but iwht some planning you may be able to do it. I think there was also some articles in the http://www.lawcentral.com.au newsletters.

    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

    What about offering some form of vendor finance – you lend them the deposit and/or pay their stamp duty etc.

    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

    In Sydney rents are rapidly rising. But I think you can only charge what the market rate is, otherwise tenants will just move. If there is a huge shortage, then they don't have anywhere to go though!!

    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

    There are loans called No Doc loans whereby you do not need to declare an income. You just need 30% deposit. with $100,000, you could buy up to $400,000 worth of property. Whether this is a good idea or not will depend on your situation.

    Do you currently have a home loan on your main residence? If so putting the money against that loan may be a good idea. You can then reborrow it for investments later.

    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 sell your house to your partner, if you have one, or to your trust. This way you get to keep the house, and have a new large loan which would now be deductible as it was used by the new purchaser to purchase an investment property.

    The funds released can then be used to pay cash for the new home..

    You will have to pay stamp duty, and that will be very large on $900k, but you will be much better off with having all the interest on the investment = deductible. approx $81,000 per year. But trusts cannot distribute losses, so you need to work a way around have a loss in a trust = hybrid trust or other income in trust.

    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 - 10,401 through 10,420 (of 16,328 total)