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Not sure why you would want to sell your PPOR, unless you were wanting to move to a new one. If your PPOR is held in a trust, you may be able to save a bit of tax initially, but you will be up for Land Tax each year and will lose the CGT exemption status on the house.
HDT are not as good as they were once thought to be. But because you are self employed you could set up a Discretionary Trust and divert profits from the business trust to this trust to offset the losses.
I think you need to talk to a good accountant – one that understands Trusts (not many do).
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
Why is that a mistake? If your property in Sydney has increase in value by $40,000 and your Perth one by $110,000 (In a year too!), then this is better than buying inferior cashflow positive property and making $50 per month.
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
Right above you last post?
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
Hmm, With a trust it is the Trustee on title. So you just arrange it so that you are not trustee, but a beneificiary.
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
Since you lived in the property, you may be able to claim it as your main residence for up to 6 years after renting it out, and have it CGT free during this time.
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
Losses cannot be distributed from DTs, so if the property makes a loss, this loss cannot save you tax on your personal income. The loss will just keep rolling forward over the years until the trust makes a profit. If it is only a small loss initially, then it may still be a good idea if you think long term.
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
There are banks out there with no account keeping fees, even for business accounts – try Bankwest.
Not all lenders charge extra fees if there is a trust involved in a purchase.
There are generally no annual fees for a trust. You need to prepare a tax return, and the cost for this will vary depending on how complex you affairs are – but just remember, if you are not using a trust and buying in your own name your accountant will be charging you extra for this too.
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
There are many lenders out there that do not require a guarantee from the beneficiaries – just the trustees. That way you can still retain some ownership without going on the loan. And you should be able to get future distributions of income.
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
I believe that DG and Nick both use Chris Batten's deeds.
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 an accountant, but look at it like this:
Your Aunt is a non resident for Australian Taxation purposes, so she will not have to pay tax in Australia on her SIngapore income. But she will be earning an income from the rent. Where this money is declared will depend on whether Australia has a double taxation agreement with SIngapore – it probably does. That would mean only one country will require her to pay tax on this. If it is Australia, then she would have various deductions she could offset against this income, such as Depreciation of fittings and building and interest. This may result in a loss, which may be carried forward to future years in Australia, if this income is declared here.
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
And there are various requirements the ATO imposes on 'contractors' = alienation of personal services income. You must pass various tests to determine whether you are a business or the ATO will still class you as PAYE. Claiming a loss on an IP would still be possible as a wage earner.
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
Mortgage insurance is a 'borrowing cost' so should be able to be claimed over 5 years.
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 have a few loans going thru RAMS at the moment, and they are running a bit slow.
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
Different lenders are good for different types of finance, and this is constantly changing all the time. eg. Citibank are good for certain low docs at the moment because they are a special on.
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
What you could do is to split the loan with a portion fixed and a portion as a LOC. Most banks should be able to accommodate this.
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 think it all depends on what is in the contract – this is what you agreed to. If they want to add clauses after exchange, then you have the right to reject these.
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
Trust assets are in the name of the trustee – the trustee is the legal owner. With a trust it is the beneficiaries who are the real owners. The beneficiaries are not able to be searched without seeing the trust deed. So if you want to hide ownership, you need someone else to be trustee with yourself the beneficiary, or one of the potential beneficiaries.
Having a company as trustee can help a little bit, but the company still needs to have an address and a director. All office holders also have to have their details on ASIC register which is public record. Still this may be worth pursuing as when someone is complemplating suing you, they will do land titles searches to attempt to see if you own any property. Not all people will do the extra check and see if you owns any company shares or have directorships and then search Land Titles records for these companies.
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 Millions
Yes I am still writng them, but think most are being picked up as spam!
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
Sounds like an option. What would be the full stamp duty if you sold to a trust? Is it worth not using a trust to save this amount?
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
Its not hard, but takes time to build up enough clients. Good idea to work somewhere else initially while slowly working your way into 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



