Forum Replies Created
You can use a trust to own your personal home, but it is complicated and you have to be careful. The ATO have a ruling out about renting from your own unit trust, and they don’t like it!
You could possibly make short term tax savings, but long term owning your home in a trust is not beneficial because:
– maybe up for land tax (not in QLD apparently)
– up for CGT if you sell
– you will eventually be making a profit on the rent and may have to apy extra tax.Benefits
– asset protection
– tax savings
– could claim depreciation, furniture, etc.
– if you only intend to live there for a few years, it could be a good idea.Terryw
Discover Home Loans
Mortgage Broker
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
Hi RObert
Thanks for clarifying. In my case I have no non deductible debt, so you response confused me.
I generally prefer LOCs because of the ease of use and the fact that you can easily capitalise the interest. But these do usually have a higher interest rate (ANZ is one that doesn’t).
Some lenders don’t have a 100% offset, but offer free redraw (eg Macquarie LOC – the MSE) so you could draw down the funds at settlement, put them straight back in and then use it like an LOC.
Westpac has a really good product called the Rocket Repay which has both a LOC and a 100% offset available, but it is just too expensive.
So there are some good LOC type products out there if needed.
Terryw
Discover Home Loans
Mortgage Broker
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
Hello Robert
I am not sure what you are trying to say here.
What I said is correct.
If you have money in an offset account and withdraw that money, the extra interest incurred on the loan would only be deductible if the loan was already for investment or business. There would be no accounting problems as the loans/accounts are totally separate.
If you are using a LOC as a home loan, then withdrawing funds for a mixture of personal and business use could make things messy
Terryw
Discover Home Loans
Mortgage Broker
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, they will have to declare the income. But hopefully they would give it back to you (or you wouldn’t give it to them).
Terryw
Discover Home Loans
Mortgage Broker
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
Sorry, I meant that CGT may be payable on the sale of your shares.
Terryw
Discover Home Loans
Mortgage Broker
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.
The best way is for them to get a LOC and loan you the deposits and you get 80% loans for the remainder in your own name.
Terryw
Discover Home Loans
Mortgage Broker
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
Dodgee
If you are using a new company to borrow, it is generally not much harder than getting a loan in your own name. The directors will have to give personal guarrantees, so the lender will look at their income etc.
It doesn’t isolate you from debt. If the company cannot pay the loan, then the bank will come after you personally.
ps. I would not recomend anyone use a company to purchase property unless it was a trustee company acting for the trust.
Terryw
Discover Home Loans
Mortgage Broker
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 haven’t seen the site, but talked to these people at the property expo in Sydney. They seem to be professional and charge a variety of fees depending on what you need. It think it was roughly $6000 for the buyers agent fee which covered finding the property and negoitation etc.
Terryw
Discover Home Loans
Mortgage Broker
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’ve got something like that myself. I would just hang on to it, renting it out. Acerages are getting harder and harder to find, pushing values up faster than average.
Terryw
Discover Home Loans
Mortgage Broker
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 with Dr X. I have discussed this with my accountant and he suggested a discretionary trust for the same reasons. You may not save any tax initially, but having a wide range of potential beneficiaries could help down the track. A company could also probably work if the shares were owned by a discretionary trust. But you never know, you may want to hang on to one long term and then the trust would come in handy.
Terryw
Discover Home Loans
Mortgage Broker
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 you are going to move into your unit, you could sell the shares and put the money into an offset account attached to the unit. You could then buy them back (using a discretionary trust would be a good idea)by increasing one of your loans and maybe using a margin loan. This will help you convert non deductible debt.
Then when you move out of your unit, you can take the money from your offset and put it onto the loan of your new place.
You will probably have to pay CGT, but it may be worth it.
Once you have done that, you could then start buying more property.
Terryw
Discover Home Loans
Mortgage Broker
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 you find it risky to take risks, then don’t. Just keep saving what you can, and plan your strategy for when you graduate and start working.
Terryw
Discover Home Loans
Mortgage Broker
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
Why would anyone want to use a mobile lender from a bank? Naturally they only have products from one lender! Most people wouldn’t bother and would use a broker who would have access to 30 or so lenders – its the same hassle.
Terryw
Discover Home Loans
Mortgage Broker
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
Sorry Lei, I don’t know much about proeprty trusts!
Terryw
Discover Home Loans
Mortgage Broker
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
Hi Jules
I think you still misunderstand. The guarrantee only relates to the loan, you can still be attached from other angles, and a trust helps protect you from these.
Terryw
Discover Home Loans
Mortgage Broker
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
A LOC is easy to use and works well. Especially for investments.
If I had a home loan with an offset account, and funds withdrawn from the offset would cause interest payments to rise, and the extra interest incurred would not be deductible.
Terryw
Discover Home Loans
Mortgage Broker
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
Bluestone have a new 95% low doc too:
– Rate 10.79%
– Owner Occupied only
– Clear credit report
– Minimum population requirements of 75,000 within 10kms of the security property
– Max loan is $350,000
– Must have held an ABN and be registered with GST for 12 months or more.
– No LMITerryw
Discover Home Loans
Mortgage Broker
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
eg. What about your uncle’s cousin who has taken one year off work to have a child? No income, so they may be able to accept a $6000 distribution and pay no tax on it. That may save you $3000 in tax.
or you could distribute to a company that you own. Companies pay a max 30% tax.
Terryw
Discover Home Loans
Mortgage Broker
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
Dunno. What sort of investment was it?
Terryw
Discover Home Loans
Mortgage Broker
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
From my memory of the Dec class, he was saying (in addition to the above) that as the yields drop you could sell a property to release funds and buy two more properties with higher yields (in a different area probaly) to replace them.
Terryw
Discover Home Loans
Mortgage Broker
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



