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Since one of the owners will be living in the house it may be calculated at main residence rates – but I have not looked up the legislation to confirm.
Are you sure it is a good idea to structure the purchase like 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
Get some legal and tax advise as well. No main residence exemption and no 50% CGT discount. How are you going to fund it? Perhaps you could lend money to your daughter who could buy 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
What course?
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
Depends on the circumstances. You should seek specific tax advice on this complication area. You may or may not be entitled or required to register for GST and CGT may or may not be applicable.
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 just read this article on off the plan and it is by Ivan from the forum:
TIPS AND TRAPS OF OFF THE PLAN APARTMENTS FOR SMSF’S
https://www.linkedin.com/pulse/tips-traps-off-plan-apartments-smsfs-ivan-filipovic?trk=eml-b2_content_ecosystem_digest-network_publishes-25-null&midToken=AQGf54pfDNSddQ&fromEmail=fromEmail&ut=2Jr4FaSvugG781Its on linkedin, so not sure if you can access without membership.
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
How are they to know if it is intentional to make $$?
Seems to be a grey area to me?Yes it is grey. If they investigate they will look at the circumstances of why you keep buying and selling. If you are a registered builder that won’t help, if you are doing renovations and adding value then that will go against you 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
you have already asked this question, see https://www.propertyinvesting.com/topic/5022282-principal-place-of-residence/
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 is no limit, but if you are doing this with the intention of making money then it can be taxable regardless of if it your main residence or not.
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
Thanks for the replies. I was reading a book by Dolf de Roos and he was saying as a real estate professional you can claim 100% of expenses against your income if you were considered as having a business rather than just your marginal tax rate. He is a New Zealander but seems to be speaking more about the US market in this book (Real Estate Insider).
Hope you don’t believe this crap?
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 was a case a few years ago in which someone with 12 properties was considered not to be in the business of property rentals.
Why do you want to be considered to be running it as a business?
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
Some have argued this is unconstitutional as you cannot contract where the terms of the contract are not fixed and one party can jack up rates.
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 know of no book that covers asset protection for australia. I have half written one but i keep getting g side tracked so may never finish.
You should read the bankruptcy act and just dona search on posts that i have written here and at other property forums.
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
First step would be to issue a letter of demand.
Costs can be awarded against the unit owner but the full costs may not be recovered.
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
Pia software is good for forecasting. Property investment analysis.
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
Which property do you expect to make you the most money?
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
Ultimately it seems bankruptcy is what you want to protect against and the best protection for this is an appropriately structured discretionary trust that has an open class of beneficiaries and gives the trustee the power to accumulate. Seek legal advice.
But assets of a trust cannot be willed. Ie cannot be left in your will.
For family law purposes trusts can be attacked but there are ways to strengthen then against childrens future spouses.
An alternative is to own in your own name with a discretionary testamentary trust set up in your will. This will provide slightly more asset protection than a yrust set up during life. There will also be more tax advantages.
To strengthen asset protection for personally owmed assets you can consider using loans from spouses or parents or related trusts. The lender could take a mortgage over your property to secure their loan and this could cause them to take priority over other creditors.
Also consider that structure is only half the story. The other half is how you transact things. Who pays deposits and how. How contracts are entered. Where rent money is paid etc etc.
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 strata corporation should just lodge a statement of claim to recover the money. Not much of a defence if money is legitimatelt owed. The property could eventually be aeized to recover the money owed.
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 am a lawyer specializing in asset protection. Firstly what are you trying to protect against?
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
If it was a transfer under a family law settlment then it will probably be as if younwere the owner from the beginning. If it was not a family law transfer then you would have 2 different interests in the property. The fist 50% and the second 50%. They would each have different costs bases.
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 tax agent or a lawyer could assist. Tax agent would generally be cheaper. Perhaps the one the does your tax return.
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



