Forum Replies Created
Yes talk to a solicitor. You cold put various clauses in the contract, but these may make it unattractive to the vendors.
Terryw
Discover Home Loans
North Sydney
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I am not a tax expert, but I beleive you do not necessarily have to pay tax on inherited property.
Was the property your Aunt’s PPOR? If so, I think you could sell within 2 years and pay not have to pay the CGT.
Also, even if it was an investment property, CGT may not apply if she had purchased it prior to 1985.
Since there are potential large sums involved it would be wise for you to talk to an accountant before you do anything.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I agree that living on equity will not be for everybody and will be a dangerous strategy for some people.
Having a small portfolio of property is sometimes enough for someone to argue they are self employed – without the need for an ABN. I have personally helped a client get a few no doc loans (without lying), when they were in a situation like this.
On No doc loans there is not need to list an income. These are basically asset lends, where the lender is mainly concerned with the security, rather than the borrower.
We cannot predict the future, all we can do is base our assumptions on what can be done at present, and assume this will always be the case. But you are right, things can and will change. These products may not be around, but then again there may be even better products around then.
A person with a large portfoli may be getting a lot of money in rent, but they may still be paying a lot in interest and have not much left over. Plenty of people are asset rich and income poor.
What about someone on the pension with a $1mil home fully paid off. Surely drawing a small amount each year to improve lifestyle would not be such a bad thing if it is done correctly and the property is growing, on average, at a faster rate than consumption.
I, too, would love to hear from anyone actually living off equity.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Rob
I have never known anyone to be audited. What was the experience like?
Terryw
Discover Home Loans
North Sydney
[email protected]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
By ‘retired’ I don’t mean living on a pension.
Having a large property portfolio would mean one would be a professional investor. There are various loans that would suit an investor. Including the many No Doc loans. A person self employed for one day could also qualify.
Hopefully the overall LVR would not be that high, so getting loans should not be a problem.
Terryw
Discover Home Loans
North Sydney
[email protected]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 fan of living off equity. I am not doing it, and haven’t done it, but it sounds good in theory.
They way I would suggest you look at is to build up a large portfolio of property while working, then after a few years you could ‘retire’ by living off a percentage of your capital growth.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Originally posted by Stuart Wemyss:Yes, you could have a loan in the trusts name and a security in your personal name.
However, it wouldn’t make much sense from a tax perspective. Run this past your accountant.
Cheers
Stu
Stu
What about if a person had a unencumbered property. He then started up a trust and got a loan secured against this property in the trust’s name. You are essentially letting the trust use your personal equity.
Terryw
Discover Home Loans
North Sydney
[email protected]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. I trust can run a business. However, asset protection will depend on who is being sued. eg. if the trust is running the business and the business is sued, then having a trust won’t protect other assets in that trust.
But if you are personally sued, then your trust assets may be safe.
A trust can also help minimise tax with property too.
Terryw
Discover Home Loans
North Sydney
[email protected]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 could possibly claim the seminar (or part of it) if it was related to your current earning capacity.
see also this post:
https://www.propertyinvesting.com/forum/topic/17506.htmlTerryw
Discover Home Loans
North Sydney
[email protected]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 Kay, that’s a fair point!
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Another spin to the idea.
What would happen if the investment property were to be owned by a trust? How would things differ?
I would imagine it would make things easier to justify to a certain extent. The trust is a different entity to the person.
So if there were expenses such as rates, insurance and interest, then the trust would be able to borrow from the person (LOC) to pay for these expenses.
However, the income from rent would belong to the trust. It would therefore probably have to go into the trusts accounts.
It could go into a separate account, and could be left to accumulate. The trust could still borrow to pay expenses.
Maybe if the trustee was the same person as the PPOR loan holder, the trust could use a 100% offset account setup attached to the PPOR loan.
This could have the same effect of all income going into the offset (which saves interest) and all borrowings coming from the LOC (which increases deductions for the trust).
However, if the trust had no other income, these deductions would probably have to accumulate to be offset against future income of the trust.
Please note I am not an accountant, and am just thinking out aloud here. I don’t know if any of this would work.
Terryw
Discover Home Loans
North Sydney
[email protected]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. I would be doing this for reasons other than to save tax. I am just not sure on what these reasons are at the moment! Probably cashflow reasons.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Thankas again Coastymike for your kind words.
Collie you shoulod probably get a copy of the book “Trust Magic” if you haven’t already. Heaps of good info about trusts, including a bit on Hybrid’s. and it is written in a very easy to udnerstand way.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Imagine being ripped off for $36,000 and then consoling yourself saying, well at least I will get $18,000 back on tax. And then this!
Terryw
Discover Home Loans
North Sydney
[email protected]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 agree that this is not wrapping.
It seems that the organisers were real estate agents and were inflating property prices and selling properties to unsuspecting victims. They gave misinformation to the bank and used the bank’s policies on valuations to obtain loans greater than the property value.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Bob
Yes that could be correct. If you rent out your home you could still claim it as your main home for up to 6 years – as long as you are only claiming one main home.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Clay
He “live in Bathurst and work in sydney”
Terryw
Discover Home Loans
North Sydney
[email protected]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 is your PPOR, then there should be no CGT issues – unless the place is rented out at some stage, or used to produce income.
Terryw
Discover Home Loans
North Sydney
[email protected]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
It depends on which state you are in. In Victoria I beleive it is payable at settlement. In NSW it is within 3 months of signing a contract (expect maybe for land?? I purchased land off the plan and did not pay it until settlement).
If you chose not to pay it, interest will accrue at around 13%pa. So it won’t cost you too much to delay it.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Many lenders will be able to finance up to 4 units on one title as residential. I was just talking to Heritage Building society about his on Friday and I think they will do up to 6 on one title.
You probably would be able to get over 80% LVR though.
Terryw
Discover Home Loans
North Sydney
[email protected]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



