Forum Replies Created
If that is the case probably 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
give them notice to vacate?
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
Count are a large group, so it would vary from branch to branch. They tend to be tax agents/accountants and financial planners which can be good.
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
Land tax is state legislation so it is completely different from state to state. I am not sure about WA off the top of my head.
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
Great tip Steve!
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
Wayne, its not the price of the property that determines land tax, but the value of the land. And it is $482,000 for 2016.
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 a lawyer based in Sydney specialising in trusts and I charge $1650 to set one up including legal advice.
I can save you some money and talk you out of using a trust by asking one question – or 2 actually:
Will you be buying in NSW? and, if so
Are you prepared to pay 1.6% per year in land tax?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 2 should be just ‘incidental costs’ and would include costs on acquisition and disposal.
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
Probably taxed on revenue account. GST and tax on the profit.
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
When calculating capital gains tax we need to know what the cost base of the asset that was sold is.
The capital gain will be the sale price less the cost base.
To work out the cost base we need to know the costs for the 5 elements described under Section 110-25 of the ITAA 1997 which are:
1. Money paid or required to be paid for the asset.
2. Incidental costs of acquiring the asset, or costs in relation to the CGT event, for example, stamp duty, legal fees, tax advice, and so on.
3. Non capital costs you incur in connection with your ownership, for example, interest, rates, land tax, repairs and insurance premiums (provided not previously claimed). Included are any expenses incurred while the property was an owner occupied property.
4. Capital expenditure you incur to increase the value of the asset, if the expenditure is reflected in the state or nature of the asset at the time of the CGT event.
5. Capital expenditure you incur to preserve or defend your title rights to the asset.
The interest mentioned in the third element means interest incurred on loans used directly to acquire or improve the asset, but wouldn’t include interest on loan increases to fund private expenses such as borrowing for a holiday or car.
Summarised from from PBR Authorisation Number: 45589
https://www.ato.gov.au/rba/content/?ffi=/misc/rba/content/45589.htmTerryw | 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 haven’t read any of the replies so apologies if this has mention mentioned above already, but I think you could have set this up better in several ways.
1. Just one name on title and loan.
This would have allowed you extra strategies down the track, improved asset protection, improved serviceability overall and have saved you tax.2. Paying PI
Paying off loans is generally a good thing, but having IO can allow for so much more flexibility and assist with the saving of tax and early retirement possibly.3. Paying a deposit on an IP.
If you use offset cash on an IP you will end up paying more tax on the IP and have a higher non deductible debt. Best to borrow 105% for any IP purchase.4. Using Redraw
It is good to pay down the PPOR loan and then borrow, but using redraw will create a mixed purpose loan and you will then lose money by paying more tax as a result. Split before redrawing.5. Consider carefully who will own the next property purchase
Can set yourself up for a few potential strategies years down the track.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
In your example it is the first one that is correct. Work out the capital gain first and then apply the 50% discount. This figure = about $36k in your example is added to your other taxable 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
Yes stamp duty could apply in either case, including removing or adding a beneficiary of the trust.
Don’t forget to consider CGT. But generally this is easier going.
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 a lawyer specialising in ‘structuring’.
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
Not much you can do really. Have you sought legal advice?
You should never give a guarantee if possible, and if you need to then just one person should.
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
1. generally not
2. generally notBut stamp duty can still result depending on the structure.
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 allNew to the forum, have one IP and ready to buy two more this year.My accountant does not know enough about property so it’s time to move on, I got a surprise land tax bill as I bought in a family trust, he never advised me this would happen and I believe there is a way to set up a company as a nominee to avoid this. I believe he should of at least warned me I would get hit for land tax. Plus he charged me $200 for a letter to the bank for re-finance! So it’s time for a change.
I need an accountant that can handle self employed with property, north west of Sydney would be preferred but not essential. If you have a great accountant or know of one that fits the bill please let me know.Accountants are not allowed to advise on land tax as this is a state tax and constitutes legal advice. Yet, he should have mentioned the dangers and suggested you get legal advice.
Not sure what you mean by a company ‘nominee’. If a company is acting as trustee this doesn’t change anything however if the company is acting in its own right it would get the land tax threshold, but then there are different aspects to consider.
You could try Paul at Price FInancial who is in northwest Sydney somewhere – Thornleigh maybe.
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 return doesn’t really come into it. If you have other non deductible debt you would want IO otherwise you will be throwing money away by paying extra tax. Even where there is no other non deductible debt you should consider an IO loan with an offset as you can save the same amount of interest while building a buffer which can enable a quicker tax effective retirement.
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 uncross them now while you can. Its like taking out insurance – you only need it when you need it but you won’t know when you need 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
Interesting question – I am not sure of the answer, but possibly.
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



