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Give family and friends gifts that you can deduct!!!
Terryw
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Phil, that was just an example!!
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You can find out their name by doing a title search for about $10 online. Once you know their name, it still may be hard to find them though. I htink councils would be reluctant to give out that info. When I was in the police, they would give the owners postal addresses to us over the phone, but some councils were reluctant.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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LifeX
The ATO looks at the purpose of the funds, not the security. If you increase your loan on an investment property to purchase a consumer item such as a car or home to live in, then the interest won’t be claimable. But if you were to purchase an income producing item, eg business, IP, etc, then the interest would be claimable. It doesn’t matther if the security is a home, an IP or a donkey it would still be the same.
So if Michael does get a LOC on his house to be used to subdivide the land, then it will be deductible.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Tam
you had better talk to a solicitor about this. I beleive it would be possible to do. There are stamp duty and CGT implications, but if a trustee is changed (to your mum) and the beneficaries remained the same it would be possible to avoid these taxes. check out http://www.taxlawyer.com.au look for ‘resettlement of trusts’. BTW, you and your mum would both be beneficaries automatically in most trust deeds due to your family relationship.
Terryw
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[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
When have Westpac’s economists ever got it right?
Terryw
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[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
Hi. P
your accountant is correct (sort of), the trust distributes the money to individuals who pay tax at the individual rates, so in effect the trust is paying tax at individual rates.
And don’t worry about trading history for the banks. They will accept a trust one day old, because they focus on the trustee not the trust. The trustee (or director of a trustee company) must give personal guarrantees.
Terryw
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[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
Summer. yes, just mortgage them to someone in your family. eg you owned a $1mil property with a $200,000 loan. Allow your dad to take out a $800,000 second mortgae. That way if you get sued, your have no equity.
But on the otherhand, if your dad gets sued your in deep shit!
Terryw
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[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 again. Your family trust wouldn’t be taxed at all. Only the beneficiaries are taxed, and usually any company that you have a share in is automatically a beneficiary, therefore you could distribute pre tax money to your company.
Terryw
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[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
See this one:
The family court case of Milankov & Milankov is at http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/family%5fct/2002/195.html?query=%5e+milankov+
.Terryw
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[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
Also, hopefully you may have equity in existing properties to draw on for deposits.
Terryw
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[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
Plenty of people use companies to purchase property. But it is not neccessarily a good idea as you will lose the 50% CGT discount. Using a trust would be better, probably.
Terryw
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[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
The trouble with partnerships, is that each partner would be responisuble for the whole debt-not just their share. I owuld form some sort of trust structure, probably unit trust with a hybrid as unit holder. Keep you son out of being a director/trustee. Since you are the money man, you will need to be on the loan, but your son doesn’t have an income so he should be ‘saved’ for future use. ie when you run out of borrowing power and he has some income he can be the trustee of the next trust. You could still have a partnership agreement behind the trust.
also, I am interested to learn why are your selling your negative geared property?? I did the same thing a few years ago, and now wish I hadn’t.
Terryw
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[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
The family law court can easliy unravel trusts!!
Your parent should consult a lawyer before buying anyhting. Maybe the business could be setup in your trust, where you mum/dad have no role other than beneficiary. But then they have to worry about your getting a divorce.
Terryw
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[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
There may be many other costs not included in the package incuding landscaping, fencing, driveways etc.
Terryw
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[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
Savings! or Investors
You will have to save like mad. All the positive income, the wrappers deposits, your wages etc.
And/or
Borrow money from investors. Many people pay 12%+ to borrow money from family/friends and then use this money as deposits. Even though you are paying a high amount for this, the blended rate will be much lower and you will still be making a profit.
Terryw
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[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
Hi Flop
If you are selling you will be up for some legal costs, real estate agent’s fees (about 2.5%), loan exit fees etc. And then when you buy you will be up for stamp duty, loan applicaiton fees and legals etc.
Also do some sums on what it would cost/benefit if you rent out your home without selling. You could rent elsewhere, and acess your existing equity in your home to buy more.
If you are selling, then you can’t really use the equity in your house.
Terryw
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[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
7.14% was probably a good rate at the time, but compared to todays rates it is a bit high. To change it you would be up for exit fees/break costs and these could be high. I suggest you ring your bank and ask them for a figure, and take it from there.
For what its worth, I have one loan fixed at 7.10% for a few more years too.
Terryw
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[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
If you have enough equity, all you have to do is to apply for release of security for your properties (just hope your not with the NAB!). Maybe one at a time would be the way to go.
Terryw
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[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
It will be very hard to finance if someone else owns the land. Also very risky, what if there is a dispute, the owner has title, the builder nothing.
I have seen a developer offer a fixed price and a % of profits after selling, to the vendor as an incentive.
Terryw
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[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



