Forum Replies Created
Yes, super is a great structure for someone your dad’s age and that can be a great strategy. income in super is taxed at a max of 15% whereas he may be taxed up to 45% outside. nearing retirement age means the money won’t be locked away too long as it could be accessed from age 55-60ish depending on a few things. once a superfund is paying an income stream any income supporting that is exempt from tax.
But the planner you are using sounds like he may be a cowboy, looking after himself more than the client. First look him up and see if he is properly licenced.
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
Yes!!
Since you will not be living in it immediately it will always be subject to CGT on a time basis. But once you move in and out the 6 year rule can then apply from that point on.If you rent it for the first year then claim it as the main residence until 2024 then approx 1/10th will be subject to CGT. All expenses incurred, and not otherwise claimed, can be used to reduce CGT too. Including expenses incurred while it was the main residence/
While rented out interest can be claimed.
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
I have written about this topic in my last 3 newsletters. http://www.loan-experts.com.au/article/
First you have to consider whether you should jointly own property together. There are many reasons not to, and some reasons to.
If joint ownership then consider whether equal or unequal shares.
I generally favour TIC as
1. Each party can leave their share via their will, and
2. Bankruptcy of one spouse during or after the death of a joint tenant means the whole house will be lost and not half.Plan ahead and there are some tax strategies available too.
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 are relationships in law, so they should only be set up by lawyers as this is legal advice. Tax agents can advise only on the tax aspects (a lawyer can too).
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
Does a hair dresser need a builders licence to work as a parking inspector?
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
Try Swan and Yii
http://www.swanandyii.com.au/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
I clearly told you on 2 different forums that there will be little asset protection if you don’t get it right and that you need legal advice, from a lawyer.
Yes totally incorrect.
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
That is ridiculous! An accountant giving incorrect legal advice!
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
To transfer title any mortgage will need to be discharged. You will need to get your wife to apply for finance.
You need legal advice on this, get it wrong and no asset protection even if it is in her name.
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
Guarantors not on title would generally not effect this. Check the forms.
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
Yes, but unlikely they will consider.
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
Yes, I recommend Nick too. I often run into him on the various courses I do. I beleive he is still in hurstville.
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
Whatever you can make the most money on with the least risk and effort is the way to go.
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
If your goal is to get more deductions, donate your cash. You will get the benefit of a tax deduction and pay higher interest on the loans.
If your goal is to make more money then it may be better to park the cash in a 100% offset account. But which account will depeend on the owership structure. e.g. spouse on a lower income then put the offset account on a house owned solely by the spouse.
If you have another PPOR and don’t have any non deductible debt then you may just want to start paying down the loan with the highest interest rate too.
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
Wow, rent money is held on trust for you until released. Don’t believe the sick story (it may or may not be true) but demand they give proper account for the money held and complain to the relevant department in the state they are located in. They could easily lose their licence over this. However if they are dying from cancer they won’t care about this and the risk of being prosecuted may not be a worry. Maybe time to change agents too.
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
Did your banker and mortgage broker show you their membership in the institute of chartered accountants? Are they licensed tax advisers?
DW only those with tax agent registration or lawyers can give tax advice. Even CAs can’t unless licenced.
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
I think you shouldn’t be taking tax advice from either a mortgage broker or a banker.
Cancel the redraw and Borrow against the equity in the IP as as a separate split, using this for the deposit on the new PPOR.
2 benefits
1) no contaminating of the loan
2) avoids cross collateralising securitiesTerryw | 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
Could you move into coffs IP? You would be paying abou $127 pw instead of $400 pw rent. You could sell the other house, pay off the $132k loan and then pay no non deductible interest. Then borrow up to 80% LVR on coffs to use for investing together with your cash.
Keep in mind if you are not working you won’t qualify for a loan.
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
sheridan & trish, this sounds like a risky strategy to me. Also doesn’t really make financial sense as your loan payments now would be very low whereas if you are renting at $400 pw you would need to earn much more money to be able to afford to pay this. Plus you lose the main residence CGT exemption.
Why not just borrow against the equity? Or if you want to change have you considered selling this and buying a new place and then acccessing the equity in this to invest.
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
Yes I meant future.
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



