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The trouble is if you sell, then you are losing your only CGT free asset, and you will have to rent somewhere else anyway – or downgrade as you suggest.
What about just borrowing against your current home and investing more?
Terryw
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Yes, just set up a new trust. If necessary the income can be distributed to the unit trust.
Terryw
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Thanks John.
Terryw
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With borrowing under a unit trust structure, lenders will usually require all unit holders to guarrantee the loan, each being jointly and severably liable for the whole debt. If there are several people, then this can get very messy, and risky- what if the others stop paying?
Terryw
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A discretionary trust allows:
– tax minimisation
– avoidance of CGT and stamp duty on death
– asset protection
– more privacy than a companyA company allows
– limited liabilityI suggest if you are looking at a business then a company is worth considering – with the shares owned by a trust.
Anything else, probably a trust is better.
Terryw
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If using a LOC on your existing home, then you are probably paying all income etc into this loan. Just becareful if you start using this for investments as it can have serious tax consequences if you mix investment and non investment portions.
Terryw
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The formular may be listed in your mortgage documents.
Terryw
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Overall, it wouldn’t matter which property’s loan you put the money into. Your net tax position would be the same. Maybe putting it into a 100% offset account?
Terryw
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You can do various things such as buying your JV partner out after a certain period, selling the property, or they may buy you out.
If the person requires a salary, that is going to make things harder. How is going to pay? – Your JV partner may not be happy as this will eat into any profit you are making.
Terryw
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A wrap is just a sale, with a bit of a twist. I guess how long it takes depends on how good you are at onselling. Management should be less hassle than a normal rental as you don’t have to worry about repairs, etc.
Terryw
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Another point with my idea, is if yu had the IP in the trust, you would be lending the trust money from the LOC, thus creating another laying separating this type of scenario from the Hart’s case. But it is a grey area, so check with your accountant.
Terryw
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You could possibly consider offering a precentage discount on the market rate in x years time in return for higher rent now.
Terryw
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Hi
I am based in Sydney, but am currently in Thailand for a another week or so.Terryw
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Very good, but where can you buy land that cheap!?
Terryw
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How big will your loan be?
Terryw
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No, there is no difference. Don’t know what you mean by being charged on home owner mode. I don’t think there are many lenders out there these days that charge differently for owners and investors.
What the ATO looks at is the interest charged.
Terryw
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Hi CATA
Yes, a company is safer, but costlier. Each person would have to weigh up the risks of the trustee being sued verses the establishment and annuals costs of having a company.
Terryw
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If you add someone to the title, it is the same as selling. Stamp duty will be payable on the percentage sold, and CGT would apply. Even if no money changes hands, the ATO would require you to pay CGT as if the property had been sold at market rates. Same with stamp duty.
Terryw
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A trustee can be a beneficiary.
Terryw
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Hi Toni
Yes, can buy shares in a trust. Though there are special rules with regards to dividends (family tax elective).
If you are buying a property, the trust must be set up first. Otherwise you will have to pay stamp duty again when transferring it to the trust.
The title goes in the name of the trustee – which may be an individual or a company.
Can buy in different states using a trust.
Terryw
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