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

    John, it is a bit late for this now if the contracts where signed last year.. There are a number of things that could have been done, but are probably too late now.

    I suggest you just make sure that every expense that hasn’t otherwise been claimed is added up – incuding travel, light bulbs, lawn mower fuel etc etc and this can be used to reduce the CGT.

    Income cannot be distributed to others so your wife has to wear the tax.

    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
    Join Date: 2001
    Post Count: 16,213

    You are assessed on your taxabe income. That is income minus expesnes. if you end up with $20k taxable income then no tax would be payable.

    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
    Join Date: 2001
    Post Count: 16,213

    Yes, borrowing to park in an offset could mean none of the interest is or will be deductible.

    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
    Join Date: 2001
    Post Count: 16,213

    I don’t know.
    His loan is his business, but the lender could try to take possessio of the property and this could cause her to have to buy his share or to sell possibly. she should seek legal 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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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Generally refinancing a loan (not a mortgage) won’t affect the deductibility of interest. However if you borrow more money the interest on this will only be deductible if it is used for investment purposes or business purposes.

    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

    In most discretionary trusts no one beneficiary has any interest in the assets of the trust. So if a beneficiary were to be sued and end up bankrupt the assets of the trust are not property than can fall into the hands of creditors. An appointor of a trust may also be bankrupt yet the position of appointor is also not property that can be seized. If a trustee of a trust goes bankrupt then property they own as trustee is not property that is able to be seized.

    The above is the general rule, but if you have transferred property into a trust it could be attaccked. If you have loaned money to a trust then that is still your money and will be available for creditors.

    This is why the discretionary trust is the best invention since sliced bread! Anyone building up substantial assets needs to seriously consider using a discretionary trust as part of their family estate planning. But there are many issues with owning real property in a trust with the main one being land tax.

    You need to speak to a lawyer about setting up trusts as it involves legal advice. You should also seek tax advice as there are many complex tax aspects to trusts as well.

    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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    Post Count: 16,213

    One person can consent to mortgaging their share of the property.

    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
    Join Date: 2001
    Post Count: 16,213

    Consider post ddeath testamentary trust – s102AG ITAA36.

    It would be good for asset protection and you may be able to divert income to children who could then be taxed at adult rates.

    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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    Post Count: 16,213

    How did he do this? Is the mortgage registered on title?

    An individual owner can mortgage their interest in the property, but it would be rare to find a lender willing to loan on this basis. It is possibly an unregistered equitable mortggage.

    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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    Post Count: 16,213

    You will have to pay LMI if you borrow oer 80%, however there are some lender which waive LMI for certain professions at loans up to 90%, including refinancing.

    These professions include:
    Medical doctors
    Pharmacists
    Dentists
    Vets
    Accountants -CA or CPA qualified
    Lawyers
    Engineers
    Quantity surveyors

    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

    Land tax will depend on where the properties are located, how long the lease is and your situation.

    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

    Seems straight forward to me.

    What is it you are asking?

    Property A could be exempt uder s118-145.

    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 don’t think any insurance covers this sort of thing, but I could be wrong.

    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

    You should do 2 things:
    1) pay at the end,
    2) get a personal guarantee from the architect.

    If the architect company does down you will be an unsecured creditor. Same if the architect is an indvidual. No use in engaging a debt collector generally. If you received money back it would be a preference payment and subject to clawback by the liquidator or trustee in bankruptcy.

    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
    Join Date: 2001
    Post Count: 16,213

    Excel

    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 a finance broker so I can look at their policies!

    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

    Will the interest tax deductible on the full loan amount or should I offset my loan by 70K that was paid off in previous loan before calculating interest for tax deduction.

    You would have created a mess if you have ever redrawn from the loan. If you have never made a withdrawal then the lowest balance would be the deductible portion of the loan.

    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

    Depends on the bank and the LVR, location of property and owner etc.

    Some banks Yes. I’ve just done one with ANZ.

    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 just told one member of this forum that i have to charge him $500 to discuss anything further. Going back through my emails I see the first time he contacted me was in 2007. I recalled various long phone calls numerous hours explaining loan structures, deductibility of interest etc. He would go away and the resurface approximately every 12 months. About last year he rang me for another 1 hour conversation and then he sends me a loan structure email on the letterhead of another broker, meaning he had been shopping around. He contacted me again and I said I have to charge you $500. He asked me if I was serious! Then he went away, recently coming back again last week saying XX (a broker) was in Europe and he needed a question answered urgently – by this time he had changed banks. This time I politely told him to not contact me again. He still doesn’t understand that I made absolutely no money from him and wasted hours and hours of time talking and emailing him.

    And the thing is it seems he still doesn’t understand how to structure a loan and has set things up badly.

    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

    You should probably charge roughly 50%, some work it out on floor area, but 2 bedrooms out of 4 works out around 50%.

    If you are charging market rent you could claim this x% of expenses, but if you are charging 80% of market rent it would be more like 80% x 50% of expenses.

    Keep in mind you will lose the full CGT exemption if income earning.

    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 - 1,941 through 1,960 (of 16,328 total)