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Viewing 20 posts - 15,141 through 15,160 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Bid, you can’t get the FHOG if purchased via a trust.

    for individuals, I think there is no requirement to live in the property for a minimum set period, the legislation states you must live in it at some stage during the first 12 months.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I had a tenant do a runner owing money, VCAT ordered in my favour stating that they owned me the money and had abandoned the property. I put the matter with a private collection agency and they are hunting down the offender.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Lozza

    The tenants on my lease options are responsible for all maintenance, repairs, rates and building insurance.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I think you will find it very difficult to find a FP that understands wraps. you might want to just ask your questions here or even on the Vendor Finance Assn Website: http://www.financewraps.asn.au

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I have written goals and review then every month on a fixed day. I also to asset and liability statements on the same day every month.

    For a long time I thought I had goals, but didn’t actually write them down – or just did something on a excel spreadsheet. But I have found actually writitng them on paper helps more.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Bearhunter

    With capital growth, the tenant in a LO may not need to come up with anymore downpayment to cash you out. Even if there is no capital growth, the rent credits may enable them to cash you out – but would take much longer.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Terence

    Centrelink has ‘cracked down’ on trusts in recent years. If you control a trust they deem you to be ‘owning’ the assets and income of the trust. They define controlling as being a trustee or appointor, (and even maybe a beneficiary in some instances – altho you would not know if you are a beneficiary of some trusts).

    Michael. If you had your dad as trustee it would affect his pension and if you have your mum it would affect her pension later on and it would affect her borrowing capacity now as she would be responsible for the loan of the trust.

    It is still worthwhile looking at using a trust. Even if you are on your own, you will not be sole beneficiary. Deeds are worded so that any relative now or in the future (whether living or yet to be born) will automatically be a beneficiary.

    You may have all this positive cashflow comming in and may have to distribute it to yourself at the moment, but if you get married in, say, 5 years time, your new spouse and all her family would then become beneficiaries – reducing your tax bill!!

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    It is also good to run a business thru a trust. So if you are going to be renting out your houseboat, then it would be an idea to have all the rent diverting into the trust.

    Then if you earn, say $10,000 per year profit you culd distribute that to tow beneficiaries on low incomes and pay no tax at all.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    It really depends on your strategy, etc. Both positive and negative gearing has worked in the past.

    I wouldn’t be too concerned about minimisng tax. If you set up using a trust structure, it leave lots of opportunites to do this – now and later. Look more at the deal itself.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yep. There is a tax ruling out there (somewhere??) on a family home being held via a trust. For tax purposes it cannot be classed as your main residence and will therefore be liable for CGT and land tax. You would also be required to pay market rent to the trust/company which in turn may have to pay tax on this.

    If it is your tempory main residence it may be worthwile – you could negative gear it for a period and then move on and buy your final main residence in personal names and retain the existing one in the trust structure- reaping tax and other benefits.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Don’t you tink they could drop even further? Esp when the new stamp duty rules kick in.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I have a client who purchased there. The valuation report stated that prices had risen rapidly recently-due mainly to out of town investors and that there was a good chance of a price drop in the future. This was just the valuers comment, but valuation came in at purchase price.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    What about trying for a credit card.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi Marc

    The trouble with companies is they don’t get the 50% CGT discount for assets held over 12 months. Not many people buy and sell a property within 12 months, so most would qualify for the discount. So even if you were on the top tax rate of 48%, this would drop to 24%, beating company tax.

    A better way would be to use a trust, and the profit could be distributed to the lowest income earners saving even more tax.

    BTW, Capital gains tax is a federal tax, so he would be paying Costello.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    What state are you in?

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Solicitors sometimes don’t understand how banks work. Bank’s will want a personal guarrantee from the trustee or the directors of the trustee company. So putting a friend or relative in as trustee probably wouldn’t be a good idea unless they are willing to give the guarrantees and sign various documents.

    And then as you mentioned, this may effect their centrelink entitlements etc.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I beleive from a tax point of view, a sale is consider to occur when the contract is exchanged and is unconditional.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    What about selling to a trust? that way you could ‘keep’ the property and release some money to pay off your home loan. Stamp duty and CGT may still be payable, but you would save on agent’s commissions.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I remember reading Dave’s plan. Since he is looking at cheap properties, coming up with the deposits shound’nt be too hard – $10,000 per property (plus costs). If you are a couple saving together, it would be easier. If one your own, it would be harder, but you could start off slower and speed up as you progress and all the rent comes flowing in. There may also be capital growth to kick you along too.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I am not an accountant, but have wrapped myself and I have used a discretionary trust. Since you will be making positive cashflow, there is probably no need to use a hybrid trust, and I can see no point in using a unit trust (unless in partnership?).

    Using a trust would not really have any effect on the end purchaser other than protetion of your assets against external creditors.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 15,141 through 15,160 (of 16,328 total)