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Beneficiary is taxed. At marginal rates. But the trustee pays the tax because a minor is legally disabled.
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1936240/s98.html
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes, you should get a private ruling.
What is the purpose of you capitalising interest this way? Only for a tax benefit in the future.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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
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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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
One person can consent to mortgaging their share of the property.
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
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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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 surveyorsTerryw | 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
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
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Excel
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 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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



