Forum Replies Created
Terry I don’t know why your quote says I said that. The OP said that.
Sorry Catalyst, I must have replied to your post and chopped out the other bits!
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
$77k purchase
$185
$130 sale
—-
$315k$250k profit.
take off stamp duty, agent fees other holding costs not otherwise claied,
$40k say$210k profit
$105k assuming eahld each
50% discount
$52500 income eachSo you would pay tax on this $52k
Might work out to be $10 k each assuming no other income.Very rough estimate assumming you sell on capital account.
July is not far away, could you hold off on exchange?
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 to say the broker is incorrect, Many lenders will allow instant revaluations while others want you to wait 3 to 6 months.
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 in Japan now – 8% GST on goods is not easy to calculate and most things seem to be GST excluded on the market price.
I don’t think it will have much of an effect, initially it may be a bit of a shock but once people are used to it they won’t feel it.
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, many things to consider:
1. Stamp duty now and later
2. tax – income, CGT, small business concessions
3. land tax
4. assset protection
5. flexibility
6. control
7. finance
8. death/incapacity
etc
in adddtion to trust structures consider a SMSF 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
Yes many issues as Andrew points out.
If it is a trading company this is dangerous.
Stamp duty at market rates.
Who owns the shares? and asset protection.
Land tax – possibly not exempt.
No 50% CGT discount.
Will you be paying market rent?
Possible FBT issues.
Paying for renovations won’t mean a full deduction as this will be a capital expense.
etc
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
Lenders will lend you 100% plus purchasing costs? At what stage of the accumulation of properties would this be suitable?
There are strategies to increase deductions. Since this is an investment property if you put down $50k of cash and then in a few years you buy a PPOR then that is $50k less cash you will have and therefore 5% x $50 = $2500 less tax deductions each year. Over a 30 year period this amounts to a huge amount – think of if you saved $1000 in tax per year and paid another $1000 off the non – deductible home loan.
You may be able to borrow this $50k from a relative and then refinance this loan in say 2 years by increasing the loan with the bank.
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 read that you are exempt from paying CGT if you can prove the property is your main residency for 12 months. So my thought was my brother and I would move into the rear property once completed and then sell after 12 months.
I’ve never heard of this before!
You should get some tax advice as there are many isssues and you have left out many things. It might be better to transfer now before developing, depending on a few things.
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. You can only claim your ownership share of the expenses. ie if you own 30% then you could claim 30% of the bills. Your family member would essentially be renting your 30% of the property from you and for you to claim the full 30% of the bills you will need to charge the family member market rent.
Consider estate planning too – what happens if one of you dies/?? or goes insane?
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 these expenses will be deductibe against income as the property wasn’t available for rent. They may be capital expenses and could be used to reduce CGT in the future so keep good records.
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 that is how I do (or did it) Jamie. I want to come on and see what posts have been made since my last visit – like a ‘active topics’ button. It takes too long to look through each different forum to find them now.
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
Carl, sounds like a great business idea. But I doubt you will be able to find finance as it would be too risky for the lender.
Do you personnally own any property at all? Does the company own the buildings you operate fomr? ANZ can go up to 100% LVR for commercial loans in some cases.
As for a private investor you could sell shares in the company, but sounds like you want to keep it in the family, which is understandable.
If you are talking about purchasinng another premises to operate from then there may be options – a SMSF for starters BTW the same entity should not own the building and the business.
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
It could be, depending on the circumstanes.
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
Twistiswit why is it crazy? You still need to show you can service the loan and without other income you may not meet the requiremets.
As a lawyer and mortgage broker I must say I agree with Jamie. No 3 is not correct. I set up trusts and clients are able to get finance with a brand new structure without any history with no problems – if you could borrow in your own name then you could borrow using a trust structure.
I would be interested to know which bank this was.
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
What is MUD? Multiple Unit Development?
Presales is only one aspect, you will also need to meet other requirements. They will look at experience, history, credit report, valuation etc etc.
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
Dangerous to comment when you don’t know the answer!
Gifting will result in being taxed in 2 ways.
1. CGT will be assessed on market value
2. Stamp duty will be assessed on market value
I don’t know when this wasn’t ever the case.
There are ways to structure things so that no stamp duty or CGT will be incurred and that is to purchase in as bare trustee for the child. When the child is 18 or over he can then direct the trustee to transfer it to him. Needs to be set up carefully for this to work and you may have issues with financing it.
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
Sounds like you want an investor to come in somehow to enable you to get finance – what sort of security will the investor have. Will there be change of shareholdings in your company? If so what are the stamp duty, CGT, and other consequences.
If you are operating as a sole trader how could this work at all, what would they be getting.
Doesn’t sound practical to me at first glance.
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
As I mentioned on somersoft there a many different implications as to which name you buy in. far reaching conseequences which you may not be thinking of. Changing things later will be costly and have further consequences.
You should speak to a solicitor rather than an accountant and you should also speak to a broker regarding the loan consequenccess both now andn into the 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
Hi Neil
I am a solicitor and have done options myself before. It sounds easy, but it is very difficult to get someone to agree to enter an option agreement in general and even harder to get them to accept your terms.
For an option agreement and legal advice you would be looking at around $2k. A contract of sale needs to be prepared and various searches done so it is not a simple process. The optionor wouldprobably need their own legal advice 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
Good Evening everyone, wanted to ask if I buy my 1st property for $500,000 and I put a 10% deposit $50,000 to purchase the property and borrow the rest $450,000 on interest only loan, can I claim back the principal amount of $450,000 as tax deductible? 1. How does that work, do I get to claim that back every year? 2. How much would I get to claim back on $450,000 (my current income is very low only 30k) If this is tax deductible would it even be better long term to not pay 20% deposit for lenders mortgage insurance because with 10% you will be able to claim back more on your tax deductible? Sorry everyone if this question doesn’t relate to investing, I just read an article about this on the train home today and interested me.
Why not borrow the full amount plus stamp duty – say another 80k. Paying cash could mean you are missing out on an exxtra deduction of $80k x 5% =$4000 per year for 30 plus years..
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