Forum Replies Created
Ausprop
Good idea. I beleive that you can find all of this sort of information ont he ATO site. The rules have tightened considerably in recent years, but it is very easy to set up a religious association – which could be classed as a charity under most trust deeds. But these would jsut be companies and would have to pay 30% tax unless they get the tax exemption which is separate.
I think I read somewhere that sanitarium was a registered religious charity, but kellogs weren’t (incidently, both were started by fundamentalist christians) and therefore they did not have to pay tax. kellogs were saying it was an unfair advantage.
Terryw
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Tracey
I think I claimed the intial option fee as a capital gain, and then when excerised, the sale price less the purchase price is the gain. The sale price will already have taken into account the reduction due to the option fee coming off, so it wouldn’t be included twice. I don’t see why tax returns would need amending??
Terryw
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One bad thing about companies is ASIC regulations and you details (DOB, country of birth, address etc) become avaialable to the public to see. Trusts aren’t regulated by ASIC so everything is private!!
Terryw
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Hi Pete
If it were me, I would change all of my loans to IO, and save all of the extra money into a 100% offset account rather than pay off Principle – this gives you the option of paying extra when you like, or if you like.
If your properties are not cross securitised, then you could probably take the first one, and borrow up to 80% of the value as a LOC which would give you about $78,000 extra.
You could then use this money as deposits for the next one or two properties.
if you may reside in no. 2. that changes things. I would then put all my spare cash into an offset account linked to this loan. That way if you do not end up moving intothe proeprty, you can just take your money out of the offset account and still claim the whole itnerest on the loan.
I also think it is better to keep all of your loans as separate accounts and to not have all of your loans with the same bank. This gives you much more flexibility with increasing loans and accessing equity etc.
Terryw
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Yes if you can get a second mortgage of about 20% of the value you may be able to completely avoid mortgage insurance.
Terryw
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One yar is a long time. Why don’t you write a letter, asking for the payout figure and exit fees and say it is because you have decide to move banks as they won’t give you an increase. I bet they quickly change their minds!
It is better in writing as it can’t get brushed aside by some nobody like on the phone.
Terryw
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Westan
Good point. I just checked one of my trust deeds and it has any charity as being a beneficiary and it classes a charity broadly including any church, religious institution etc. So even if it is not a registered charity, it can still be a beneficiary.
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
I beleive that you can use an existing property as additional security for your wrap proeprty, but once you have onsold a property under a terms contract, you cannot then use that property as additional security for another loan – afterall you do not own the equity, it belongs to the wrapees. LOs can avoid this drama.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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hi Westan
It might actually be better to distribute the money to yourself and then make a donation to charity – remember you can only claim a deduction to a registered charity. This is because you may have a higher tax rate than the average tax that is paid by the trust.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If they can get the grant and are working part time, then they may be able to qualify for finance themselves??
Maybe you could lend them 20% deposit instead and take a second mortgage (say 20%) and they could get the finance in their names. You could then avoid paying stamp duty twice and still make a profit and still help them.
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
I am confused too.
In the above example, you have a capital gain, so it would mean you have to pay more tax, not get a reduction. But I am not really sure on how the tax on wraps works.
BTW Capital gains losses cannot be used to offset income tax.
Terryw
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If you have a $1 million in loans, then they may offer you a small discount (ire more than the professional package). But usually they will not give you anything untill you threated to move your loans to another bank.
Terryw
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Slodki
You could possibly get a 95% loan. Are you working full time or part time? You would need around 6 months in the same job (not casual and not on probation) and 3-5% genuine savings (of loan amount) to qualify.
Terryw
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Mark
I would say drawing down capital is using cash (or selling assets etc) from the business. LOC is securred against equity, but it is just the same as borrowing, no different to getting a term loan.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It seems most banks/lenders have policies of not lending for wraps. But it seems some people have gotten around this by:
1) not telling the bank they are wrapping, or
2) going thru a local branch manager (who may or may not understand wraps and their own bank’s policies).There are also some small lenders specialise in lending for ‘wraps’
Terryw
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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
Trusts don’t pay tax!
All income of the trust must be distributed at the end of the year to the beneficiaries who then pay tax on this income – including CGT if necessary. You cannot keep the income in the trust – if you do the trustee must pay tax at the highest rate
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
Generally lenders take 3% of the credit card limit as being a monthly expense whether you pay it off in full every month or not.
With a LOC, it is not really existing capital, but a loan each time you take money out-and you can borrow up tot the limit at will. So banks will take the full limit as the borrowings no matter what the balance is.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Marisa
You should seek expert advise on this.
Since you already own the property, setting up a trust will complicate things. It titles are transfered to teh ‘trust’ then stamp duty and CGT may be payable. But since you own the existing house out right and are moving into the new one, it may be better to sell existing to the trust, and use this money to pay all costs assoited with the new one so it is debt free and you have deductible debt on the old one. Very tricky!
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
Hopefully all of your -ve properties will become +ve over time as rents are constantly increasing due to inflation.
Terryw
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Penne
I think the 6 month overlap rule is covered in Section 118-140 of the ITAA. From memory it says you can count two houses as your main residence for a max period of 6 months and give the example of someone having to move into their new house before the old one has sold.
Terryw
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