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  • Profile photo of TerrywTerryw
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    @terryw
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    There is only one product with one lender that i can think of that is not for trusts (ANZ Low Doc), other than that you should not have problems getting finance with a trust structure.

    I personally would not buy anything in my own name. Even when I go to Mcdonalds I buy a big Mac as trustee for the …….

    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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    You can actually rent out your home for up to 6 years and still claim it as your main home with CGT exempt status and claim all costs at the same time. see s118-145 ITAA.

    So doing that you would be saving money on the rent as well as getting some good tax deductions – and may not have to pay CGT.

    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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    The only trouble with putting it on the loan is that you are paying down deductible debt. This is not a bad thing, but if you wanted to take the money out again for a person expense (eg new home loan), then the extra interest incurred will not be deductible (as the redraw will be new borrowings for personal use). ideally you should put it in an offset account.

    But if you think you are never going to need that money for personal expenses, then paying into the loan maybe a good idea. You can always withdraw it later or use the property as security for the next investment property purchase.

    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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    With a deposit like that you should qualify for a Low Doc or a No Doc loan easily. Many require a 2 year ABN, but there are a few out there where there is no ABN requirments.

    you may even get through with a normal full doc loan as some lenders only require 1 year self employment if in the same industry as you were previously employed.

    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 Ben

    I see. So you want to contract through your trust. Yes, that can be done, but you have to set it up correctly otherwise the ATO will still deem you to be earning the money. Do some research of "Alienation of Personal Services Income". there are some good booklets on http://www.bantacs.com.au about this.

    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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    Oh, sorry, So you want to do some work and then charge your trust? I am feeling a bit slow now.

    I guess you could. But why would you want to do that? You would have to pay tax on the income that the trust pays you. it would be better to leave the profit in the trust and then distribute it to the lowest tax payer.

    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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    It would probably depend on how new the fittings are. eg Hotwater system may not be 30 years old, same with the carpet etc.

    I think some of the depreciation companies will assess whether it is worth doing over the phone, by asking you a few questions.

    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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    Banks have been making it hard to leave for years. They lose discharge forms, don't return calls, are understaffed in the discharge areas etc. This is probably to punish those leaving and to get a bit of extra interest out of them too.

    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 you structure it correctly, you may be able to borrow to pay interest on your existing investment properties, freeing up cash to place into your new property. It won't instantly help, but it will build up gradually.

    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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    You will have to work out your taxable income after taking into account the rent and all expenses of the property, including depreciaton. Once you have found this, then look at the calculator on the ATO site to determine your new tax amount and minus this from the old tax payable and that is your tax savings.

    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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    off tracl UME. it doesn't depend on who the trustee is, but to who the CGs are distributed to. I fyou distribute to an individual, then can claim the 50% discount. If to a company, then cannot.

    Also if you are going to be using a company, you can have the shares owned by your discretionary 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

    Profile photo of TerrywTerryw
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    @terryw
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    I would probably go to ANZ or St George. stay with one of the majors, get an IO loan with a 100% offset on a professional package.

    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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    Whether you use a trust or not will depend on the situation of the new owners. There will be stamp duty involved and possibly CGT payable if the property was an investment as well as legal fees – all this whether or not you use a trust. Actually all of these costs probably could have been avoided if the property was originally in a trust. Stamp duty will be charged at the market value of the property. Legal costs probably similar for normally selling and buying (2 transactions here). If you want a trust that may take another $1000 to set up depending on who the trustee is and whether you need advice. The trustee could be a company or an individual or a combination (unusal).

    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 your entity is conducting a business you can claim business related expenses. Actually you could claim anything, but would need to justify it if audited so it is up to you how far you want to go – eg. is your pet dog really a guard dog?

    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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    Depends on a lot of factors such as whether you can provide proof of income, your level of income, size of the loan etc etc etc. ANZ is pretty good at the moment for full doc loans.

    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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    You should probably get your bank to do the valuation. If you get one yourself, you may find hte bank/lender will not accept it for the increase and have to pay for another 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
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    @terryw
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    Post Count: 16,213

    There are big differences in holding an asset through a company or a trust. Generally, it is recommended to hold growth assets in a discretionary trust as you can still access the 50% CGT discount. So the max CGT you would pay if using a trust would be 24.25% verse 30% if you held in a company.

    Other benefits of a trust include the streaming benefits of distributing incomes to the lowest income earners – and to a company at the last resort.

    Asset protection is another important issue. Shares in a company are an asset so if you own them individually, they would be at risk if you are sued. Whereas an interest in a trust is not an asset as the trustee has discretion on whether they give you the income or not – if you went bankrupt, for example, the trustee would not distribute to you (otherwise it would go to your creditors).

    Secrecy is another aspect. if you are part of a company (shareholder, director etc) your private details are publically searchable. if you are a beneficiary of a trust, generally no one will no. But the Trustee's name will still be registered with the land titles (not their DOB, Place of birth etc).

    Forming a company costs $400 for the ASIC fees. If you went in there and filled in some forms this is all it would cost you. There are other online services which cost $99 + ASIC fees (www.lawcentral.com.au).

    Trusts are a bit more complex to set up and you should probably use a professional to do it.

    ABNs and TFNs etc can be easily done by yourself

    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 Jason

    I guess if you pull out some equity you will be better off if you can make a return greater than your interest rate, It may be difficult to do with property in the short term but may well happen long term. Whether you should do it or not wil ldepend on your outlook.

    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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    Some of the exit fees can be horrendous. There is one 100% loan out there with a 5% exit fee in the first year!

    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 Ben

    The ACN = Australian Company Number. Trusts don't get these because they are not companies. Your trust can and probably should have an ABN if it is comducting a business. A TFN is needed 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

Viewing 20 posts - 10,421 through 10,440 (of 16,328 total)