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Probably true. You have to at least have the property on the market looker for renters to be able to claim. As far as I am aware.
Terryw
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Yes, pretty much all lenders will look at company/trusts on full doc.
On low doc, things are a bit different. ANZ, ING, Suncorp all seem to have problems in lending to companyies/trusts on low doc loans.
Terryw
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I agree with GP on the CGT.
Check out http://www.lawcentral.com.au for cheap trust deeds ($275).
Terryw
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Hi Delboy
It used to be easy to get wrap finance, but with recent changes in bank policies (probably due, in part at least, to bad publicity) it has become very difficult.
In theory, having positive cashflow will help your serviceability. But you will still have to come up with deposits for your purchases and you cannot using any of the equity built up in the wrapped properties. Getting large deposits off wrappees helps your position a lot.
Terryw
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Interesting
Here is an example from 6packs link:
Example
Choosing to claim exemption for the land from the date of construction
Grant bought vacant land on which to build a new home under a contract that was settled on 3 September 1997. He bought his previous home under a contract that was settled on 3 November 1991.Grant finished building his new home on 8 September 2000. He moved into it on 7 October 2000, which was as soon as practicable after completion. He sold his previous home under a contract that was settled on 1 October 2000.
If Grant wants to, he can:
treat the new home as his main residence from 3 September 1997, and
claim the exemption for his previous home from 3 November 1991 to 2 September 1997.
Both homes are also exempt from 1 April 2000 to 1 October 2000, the date Grant disposed of the old home. This is because the maximum six-month exemption outlined in the section Moving from one main residence to another also applies.Terryw
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Hi Jbro
By double stamp duty, I think Matt means once on the initial purchase and then again when transfering to the trust.
If you buy under the fresholds, then you would be saving stamp duty on the intial purchase, but will pay it on the transfer to the trust – the benefits cancelling each other out. The upside is you would be getting the FHOG.
I think the long term goal should be to own your own property outright so that you are not paying rent and have a CGT free asset.
What about just buying your home, living in it for 12 months and then buying another house in the trust. you could move into this one and then rent it from the trust, and keep the old one rented out, using the 6 year CGT exemption rule to keep it as your main residence. Later you could sell this one CGT free or just keep it and move back in when the trust property becomes positively geared (meaning you will be paying tax on the rent). Just a thought.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I am not sure, but would think you would have to pay fringe benefits tax on food.
In certain circumstances you can give meal allowances to the workers. They can buy their own meals, but can fully deduct the allowance if spent.
Terryw
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What happened to Rob’s post?
I think it is OK too. I know of people who have purchased properties for cash with the money coming from o/s and they did not need to go thru the FIRB.
Terryw
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Ez Rent
can you tell use more on ‘hui’. I remember one of my friends purchased his car using money form a hui.
Terryw
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I would say yes.
If you borrow money to fund income producing activity, then the interest should be deductible. So if you borrow money (ie redraw) to fund repairs on an investment property, it should be ok.
(I’m not an accountant).
Terryw
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If you are entering a partnership, then there are many ways to structure it such as Unit trusts, Discreationary trusts, company, or individual names. You should talk to an advisor on this to be sure on the best one. You may even need a partnership agreement to make sure everything is covered.
You do not need to set up any structures, but it would probably be better if you did.
Loans would depend on the structure. If using a company or trust, then the directors and/or trustees would be guarranteeing the loans. If your own names, then both partnership would be getting the loan. Eitherway, both each partner would be resposible for the whole loan. So if one stopped paying, the other would have to cover it. This eates into your serviceability.
I have purchased property in a partnership before. Once went ok, but the other time the other party decided they wanted out and I had to either sell the property or buy their share. Which was nothing major, just a hassle really
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Why purchase in your own name if you are going to just transfer to a trust. You may save $7000 by getting the FHOG, but it could cost you more in stamp duty and legals to transfer it.
Also by living in it you get a CGT exemption if you ever sell. You could rent it from your trust, but must pay market rent. This will mean after a few years the property may become positively geared and your trust will be making a profit and you may have to pay on what is essentially your home.
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
1. Setting up companies and trusts will not affect your borrowing capacity as you will be required to personally guarrantee the loans. So the banks will assess the deal on your personal income. There is no difficulty in borrowing using a brand new trust or company structure.
2. There would be not advantage, from a borrowing point of view, in buying the property as trustee. It will still have the same amount of equity available whichever name you bought it in.
3. Holding no property in your persoanl name may work against you (slightly) as you will have no assets the lender can go after if it all goes wrong. But you would still be in a position to give personal guarrantees.
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
Dunno. But there is a tax ruling which states you can count two places as your main residence, for tax purposes, for a max of 6 months.
If you are constructing a dwelling, there may be additional rules.
Terryw
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Banderos
I can see nothing wrong with trying to minimise tax. I do not think you would be queried on your purpose in setting up a trust – it is done every day of the week.
But I am not an accountant!
Terryw
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Yes, I would suggest you get professional advice. But you have to decide what you are going to do with it. There may be advantages in buying it in you individual names if you intend to live in it for a while (CGT savings). But if you have other plans, then probably a trust is better – and you need to determine which type is best.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If you are applying for a full doc loan, then you would need to show full tax returns for the trust and Profit and Loss statements. If you guarrantee the loan – which you would have to do in any case, the bank may still want to see the icome statements for the trust if you are relying on this income to service.
Terryw
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Get your solicitor to look at the contract – there may be a way around it.
I suppose you could sell an option on the house, but getting them to fund the construction would be very hard.
You may or may not be able to wrap it (is sell on installments), but it would be very hard for a wrappee to fund the construction as they couldn’t borrow the money needed because the title would not be in their names.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Terry
I think Aussies would have to pay tax in Australia on income earned in NZ. So even tho there is no CGT in NZ, they will have to pay CGT in Australia on any gain. Hence the benefits of a trust – to reduce tax.
But I am not an accountant so may be wrong.
Terryw
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Gorvis. Sorry, can’t answer that one. It is not actually a legal document until stamped, so that is probably why??
Terryw
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