Forum Replies Created
You should ring centrelink and talk to one of the financial 'advisors' there. They will assist in answering your questions. It can be very complicated trying to understand their rules!
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 was going to suggest you go overseas too. I have been to the dentist in Thailand, and they are very professional and clean too. One of my mates also went to the phillipines recently to get some dentail work done. He said it would have cost him $20,000 here, but only about $4000 over there.
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 trouble with ANZ is that you get different answers from different assessors (who don't know their own policies)!
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
Transfer duty on share trasnfers is a state based tax, so things will vary from state to state. Your best point of research would be the office of state revenue in each state. I think you will find that in some states you will be able to avoid stamp duty on the transfer as long as your company would not be classified as being "land rich". In NSW it was around $1mil in value before the land rich limit kicked in – this was a few years ago too. I don't beleive the debt on the land was taken into account either.
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 certainly need a proper contract to rent your property out. I think you should be able to buy standard rental agreements online.
You could also use an agent to find a tenant, set it all up, and then manage it yourself
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
Lets break things down a bit.
You want to sell your land to a trust. That should be ok, and the trust will be able to borrow the money to buy this from you. Since your trust is borrowing 80% it needs to come up with another 25% for deposit and costs. You could lend the trust this, or do some vendor financing. The trust should be able to claim the interest on the land if it intends to construct an investmnet property.
On the sale of the land, at market rates btw, this will release some cash into your hands. you will probably have to pay CGT on this. And the trust will have to pay stamp duty.
If you are going to purchase your new home through the trust structure, then you need to be careful as the ATO may scrutinise the structure. So get some proper advice and and make sure you can prove market rates etc.
If you are going to purchase in your own names, you could live in it and establish it as your main residence, then later move out and still be able to claim it as a CGT exempt asset. This may be preferrable to owning it through a trust as the long term CGT savings and land tax savings should be more than the short term tax savings by claiming the negative gearing benefits.
be very careful about contracting via your trust too as there are various rules you must meet to avoid the alienation of personal service income rules. eg if 80% of your income comes from one sourse you could be taxed as if the income was your own.
So i would suggest you pay a good accountant to set things up properly for you. Or you could be left with a trust with a huge loss which may be unable to be offset against your income from employment.
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
ANZ have previously done hybrids, Loan in a different name to the title holder, but they may have changed their policy recently.
St George seem to have no problem with 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 Jebro
Maybe is is just a revenue raising exercise!. Funds contributed to either structure. could be a loan to the 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
Hi Jebro
That is interesting, and I would like to find out his reasons for recommending a partnership of trusts rather than a unit trust. I am not sure what the difference would be as you could have a unit trust with 50/50 units owned by your own discretionary trust. This would seem to be the same as two discretionary trusts jointly owning a project.
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
Blueheeler,
What makes you think you cannot claim the interest on a LOC?
Having a 100% offset account won't help with any shortfalls if the person is low on cash either.
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
A caveat means another person has in interest in the property. They are not supposed to be issued for loans. The title cannot be transferred until the caveat is removed, so things could get messy if it is over a marital breakup etc. Your solicitor should have been able to see onl what grounds the caveat was issued.
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 best place to look in these sorts of situations is the tenancy union in your state. These are set up to protect tenant's right's and usually have things clearly spelled out on their websites. Check out QLD's here:
http://www.tuq.org.au/ff_eviction.aspTerryw | 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 pay IO on it, unless you have enough cash to pay for the new one outright. Otherwise you will be decreasing investment debt which you can pay the interest on, while increasing the loan on your new home, which you cannot claim.
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
Yes, St george may even do 100%. They have their own mortgage insurers and can do things other banks cannot.
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
From a tax perspective the property is owned by the trust. If the trust is a unit trust, then the ATO doesn't really like it and has put out a ruling a few years ago warning against it. If it is a discretionary trust, then it may have more of a chance, but unless the trust has other income, there will be a loss (usually) and this will not be able to be offset against personal income. You could probably charge whatever rent you like, but as the arrangement is not at arms length, the ATO will likely want to assess you on the market rate.
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 Snowflake
Sounds like you have a loan with your parents and you will be refinancing that loan, so you should be ok.
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 am not so sure from a tax POV
The repaying the parents should be fine, you are just refinancing that loan with another.
But the $15k reno bit may be tricky. If you borrowed this from your parents or someone else, then you would be just refinancing. However, if you paid cash for it, then you have spent the money already. Increasing the loan by $15k to give back to yourself would be new borrowings and the deductibility of the interest on this amount would depend on what the newly borrowed $15k would be used for.
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
It should not matter as long as you are charging market rates. Maybe you should protect yourself by gathering evidence of market rates at the time of renting in case the ATO comes a knocking.
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 Pos
I was too. Think it may be due to there being some spaces in the address. Do a google search on the file name: living_off_your_equity.xls
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
Rental management fees vary from state to state. In Vic, it seems they like to charge around 7 to 8% for management. I havent paid any advertising fees (this may vary depending on area with no need in high demand areas). In NSW management seems to be around 7% (lower maybe because of higher rents?). No advertising fee here either. The leasing fee seems a bit high. Some try and charge 1 weeks rent, even that seems excessive to me.
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



