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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    ntend to purchase your next few properties using your Family Trust then these loans will be in the name of the Trust a

    How to structure a trust will depend on your family circumstances and what you want the trust to do. You should seek legal advice before setting it up as it can be costly to amend. Check out my book on trusts.

    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
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    @terryw
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    A child can earn up to $416 pa and not pay tax. Not much but it all helps.

    A beneficiary can be trustee and the trustee can be a beneficiary, but not the sole beneficary as otherwise there would be no trust.

    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
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    Why rule it out?

    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
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    @terryw
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    Benefits are broadly

    estate pllanning
    tax savings
    asset protetection

    See my book “Trusts and Tax for Property Investors”
    download for free at http://www.propertytaxsolutions.com.au/

    To set one up you should seek legal and tax advice and have a lawyer draft a deed. For stamp duty purposes trusts are generally set up with cash, just $10 or so, and this is added to later.

    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
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    From what I have seen I think it is best to go alone if possible. buying with someone else usually ends sooner than expected as each has different circumstances.

    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
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    @terryw
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    You should consider trusts from the first property onwards – not neccessarily using trust to own one but to at least consider it..

    Trusts generally don’t help much under the family law side

    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
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    I think it is a good strategy – depending on the circumstances.

    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
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    Might help if you say what state the property is in.

    In NSW Purchaser signs first

    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
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    Yes this is legal advice and Darryl is the man to speak to.

    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
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    Nope. Trusts do not get ACNs because an ACN is an Australian Company Number and only applies to companies.

    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
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    Just do the sums.

    CGT can be reduced by planning the timing of the sale and bringing forward other expenses. The proceeds of the sale be be used to save non deductible interest too.

    I did a spousal transfer for a couple which increased their deductions by about $6000 per year but resulted in no CGT or stamp duty.

    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
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    Standard practice. It is not handed over to the purchases until the cheques are received.

    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
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    Yes it relates to creating a mixed loan. If you are redrawing from a PPOR loan then you would need to apportion the interest (assuming the redraw relates to investing). But since it is one big loan any deposit into the loan will come off both portions. This means you will be repaying tax deductible debt. Also it will become increasingly difficult to calculate the % relating to each. If the loan is PI it will be a nightmare.

    Even if you are redrawing for private expenses it is not a good idea as if you were to ever rent the house you would have the same problem.

    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
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    Thank you, Terrw.

    “Do not redraw funds and place into an offset as they will not longer be borrowed funds.”

    Sorry, I am not clear to me this. Can you elaborate about this?

    Interest on money borrowed to invest can be deductible under s8-1 ITAA97.
    But borrowing to place into a savings account means the money is no longer borrowed money, but cash. If this cash is later invested the direct connection between the borrowing and the investing is not there.

    There is an argument that the funds can be traced to the loan. However if the savings account contains other funds then the loan will be mixed and certainly all the loan interest will NOT be deductible.

    Don’t do this without getting tax advice.

    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
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    Joe – loan 2 would be secured by the PPOR.

    Do not redraw funds and place into an offset as they will not longer be borrowed funds.

    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
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    an offset account is a savings account and not a loan so your loan balance will not change if you withdraw money/. No effect on LMI.

    Even if you pay the loan down and use redraw (not a good idea usually) then this won’t effect LMI at all either.

    You will only incur LMI if you borrow more than the original amount and the LVR is more than 80%>

    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
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    Seek legal advice before contacting as extra risks from creditors.

    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
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    @terryw
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    A development involves making something and selling it. properties in this case. Similar to a gadget maker making something to sell – trading stock and/or income tax. Capital gains tax applies to certain assets that are bought to hold longer term with the aim of producing an income from the property and the later sale being incidental.

    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
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    @terryw
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    Her debt is not your debt, so you would not be assessed on it unless you go on the loan too or guarantee the loan.

    Most lenders base your expenses on your status – married/single plus dependants etc.

    Yes totally normal and a strategy that I recommend. But get legal advice – what if she/he dies and leaves the property to her mother, what if she sells it, mortgages it etc without your knowledge.

    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
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    prob not. many issues involved. GST?

    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 - 1,761 through 1,780 (of 16,328 total)