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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    also http://www.chrisbatten.com.au

    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
    Join Date: 2001
    Post Count: 16,213

    There is heaps of info out there.

    Look at these websites
    http://www.taxlawyer.com.au
    http://www.lawcentral.com.au

    Books:
    Trust Structure Guide 2007 – costs about $300, written for accountants. you may find it in a uni library

    Tax Magic. Written by http://www.gatherumgoss.com for the average person, easy to read $99 approx. well worth getting.

    For the legal aspects, have a look at some second hand uni books which can be picked very cheap. UTS uni is a good one in sydney.

    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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    A company would be good as it allows limited liability which can protect the shareholders if things go wrong – the company is sued not the share holders. But a company is inflexxible as profits, or dividends, must be distributed in the percentage of ownership. Companies also do not get the 50% CGT discount.

    A discretionary trust may be much better. Profits can be distributed at the discretion of the trustee each year, the 50% CGT exemption is available and there are many other benefits such as asset protection and estate planning issues.

    You could have a
    1) Discretionary trust with a company as trustee, or
    2) a company with the shares owned by a discretionary trust.

    Option 1 is probably better as you could get the 50% CGT discount.

    If you are going to be getting a few properties, you may need a few structures, so best to seek the advice of a good 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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    I don't think there are any general tax implications, but….

    The ATO can get suspcious of people borrowing money from overseas in some circumstances. This is a strategy which some use to avoid tax when they borrow their own money and pay themselves interest which they claim as a deduction in Australia, yet pay not tax on at the other end.

    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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    There are 100% IO loans available for owner occupied. St G also has a 100% loan with no LMI – but a higher rate.

    If you are going to move in, and then out after 6months, it may be best to use as little of your own money as possible. This will keep your deductions high and free up money for personal use later on. Any spare cash could be put in an offset account linked to the loan, but not put into the loan (will cause tax problems).

    But the more you borrow (the higher the LVR) the higher the cost of LMI will be. So you may need to consider your plans and the effects of increasing the deposit vs no deposit. eg. Putting in a 20% deposit may save you 3% in LMI – not a bad return.

    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 would not only have to notify them, but get their consent as all owners will need to take the loan out.

    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

    Here is my take on your situation.

    You seem to misunderstand the nature of a business. Just getting an ABN really has no bearing on anything. Assuming you are just getting an ABN in your own name, then you will be a sole trader. Income and expenses just go on your personal tax return.

    Whether you can claim things depends on the nature of your business. Just having an ABN will not allow you to claim part of your house. But if you are making money in your business and use the part of the home as an office, you may be able to claim a portion of things such as rent, electricity, gas etc you may also be able to claim office equipment and tim tams and even toilet paper.
    But seek good advice as claiming part of your home may mean you will lose the CGT free status of your house – saving a few dollars now could mean huge CGT bills later.

    Rent will be income to the owner of the property. Having an ABN won't matter as either way it will be added to your own tax return.

    There is no need for a separate bank account for a sole trader, but it may be better to keep business an personal separate.

    BTW. discretionary trusts do not usually pay any income tax if the income is distributed. The beneficiaries are required to pay tax on their income and money received from the 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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    Sounds very dangerous if you lack the funds to settle. If you sign a contract, then you will be liable to settle and would probably be sued if you cannot – in return you could sue the person you onsold the property 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

    Profile photo of TerrywTerryw
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    @terryw
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    Hi

    It may not be necessary to refinance. Just ask you existing lender for a new loan and then use this as deposit for the next one (or two).

    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

    You can gift a property to a trust, but you will be required to pay stamp duty at market rates. CGT may also apply if the property is an investment. A trust is a separate entity for tax purposes, so, as mentioned, it is the same as you selling to your trust.

    Trust setup can cost from $200, plus about $200 stamp duty (depending on state, nil in QLD), but it would be a good idea to get some advice from a good accountant – this costs around $1200 for trust and advice. You need advice on who should play the various roles in the trust. if you get this wrong it could be costly. eg. One of my clients made his son settlor – that means the son can never receive money from the trust.

    You should also seek advice from a finance broker as you want to know the implications of getting finance – eg some lenders require personal guarantees from all named adult beneficiaries.

    Tax returns for a trust should not cost much. You will be required to lodge a tax return for the trust so your accountant will charge you for that, but you would have owned the property in your own name if you didn't use a trust so it is almost no additional work on their part.

    Even if you only ever own one property it is still worth considering. Imagine if you were to sell with a $1mil capital gain (like one of my clients after 5 years of ownership). If you had owned the property in a trust it may save you thousands in tax – 10s of thousands. If you purchased the property in the name of the highest income earner, to negative gear, you could be up for huge amounts of CGT.

    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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    Lenders will generally only lender on the lower of the value or the purchase price. So if the valuation comes in lower, there is not much you can do – maybe try another lender, or just put in the extra cash if you still think it is a goo deal.

    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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    BMW330Ci wrote:
    Thanks Cameron,

    When you say higher interest rates, how much higher than residential? would they be aroud the 8.5% mark?
    Also, what if wanted low doc? If i keep it below the 60% LVR threshold as you mentioned, would they consider low doc for these types of purchases?
    To give you an idea, i seen a few taxi plates around the $330,000 – $350,000 mark and have about $180,000 to put towards purchasing one.

    Thanks again in advance!

    BMW,

    Just out of interest what sort of return could you expect for an outlay of $330,000?

    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 Sauber

    Looks like that is for a commercial property – these are a bit different to residential with the lease looked at in more detail etc.

    In your standard application you will need to supply many of the things included in this one such as company financials, personal financials, proof of income, proof of rental income etc. It is good to include a bit of a description of the property, but lenders will normally order their own valuations.

    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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    What state are you in?

    I think it is possible in NSW, but you are only allowed one owner builder licence ever 5, or so, years.

    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 is going to cost you dearly if you want to transfer property into a trust later, so it is best to decide straight away if you need one and then consider setting it up.

    Many years ago when I started investing, I was advised to do one property in my own name to see how it went, and then if I knew I was going to keep going, to set up a trust then.

    This may be good advice, but when you think about what could happen if you are ever sued, it may be best to do it straight away.

    ps, I know many people who use one trust per property. ie they set up a new trust for every new property they purchase.

    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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    A PPOR, called a 'main residence' by the ATO can be rented for up to 6 years and if sold during this time it may be exempt from CGT as long as you are not claiming another property as your main residence at the same time.

    You may have to pay CGT on the sale of your main residence in some circumstances including:
    – If you have run a business from the property, or used it to produce income
    – If it over 5 acres, only the first 5 acres are exempt.

    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

    Excel has one in the templates section. Go open, new and it will be in there somewhere. If you cannot find it, please send me an email.

    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 just need to fill in the application forms and supply proof of income etc. Once you have found a property, you can supply contract and they will then order the valuation.

    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

    You can have IO with 100% offset with ANZ. Monthly interest will vary depending on the balance of the offset account and they will be able to take this varying amount each month from the offset.

    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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    Yes it is not very nice is it. I wouldn't want my loan sold like that.

    May I ask if this loan is for an owner occupied property, for non investment purposes? If so it will probably be covered by the UCCC legislation. This is designed to assist borrowers when they are in trouble and lenders may be legally required to help the customer by temporarily reducing payments, suspending payments etc until the client can get back on track.

    First Mac have also recently anounced that they were putting up some low doc loans by 1%!

    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 - 10,781 through 10,800 (of 16,328 total)