Forum Replies Created
Generally no exemptions of stamp duty or cgt for transfers between parents and children – other than at death.
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
A lender would allow individual loans, but the other owners of the loan would have to guarantee these loans. Which essentially means they same thing – if one doesn’t pay the other 3 are liable.
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
Steve, would be good to have an active topics button so we can come in and see all the new posts since last time.
I also received a few updates of someone mentioning me in a post – including myself, but when I looked these were posts from 2013.
Overall appearance of the site looks good I think. Like the colour. The font was a bit small but that is easily taken care of (control + button).
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
The Dark Knight wrote:Essentially my work has a efpos machine i use it as if i've purchased something say $1000 and my boss gives me the money i take it to the bank and put it into my offset account. Its a win for him as soon as the efpos machine gets settled at the end of the night the money is in his account it also has less chance of been stolen by other employees or if we were to be robbed. My CC has a 45 day non interest period i just pay it back on the 44th day and restart again.Will the boss wear the fees? If so and this is a PPOR non deductible loan then it could be a great way to save interest.
If an investment it could be tricky, but as long as you are not claiming interest on the cards maybe ok.
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 this is very common and works well for those on one of the professional pacakge because there are no additional fees for the credit card or offset (some lenders).
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
Speak to your accountant. You cannot contract with yourself, but you may be able to do it indirectly through a company. However this raises other issues -licensing, insurance, tax 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
Yes, you could do that and yes it may be the way to go. If interest is deductible on the reno loan then refinancing generally won't change this.
But, will you need to pay LMI?
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
Dyna wrote:Thanks Terryw.I understand there is no way to fully protect my FIL. Rather I was looking for the best way to protect his assets and save him unnecessary tax costs.
At this stage, he is happy to be a guarantor and let me use the equity in his "property" as a deposit.
The gist of it is that I am about to talk to the lenders and I want to be able to advise them "this is how I want everything to be structured." Rather than hope they know what they are doing/will do the best thing by me and not them (not saying they would intentionally do the wrong thing, but I consult to banks and often they receive the most basic of training).
1. With that in mind, is there a best practice loan structure I should take?
2. If it's better to borrow the deposit from FIL, how would I do this, get him to refinance, LOC, etc?
I am definitely in the space of knowing a little bit but not enough to get me started confidently.
Thanks again
It will all depend on your individual circumstances and you should each seek your own specific legal advice.
The bank will have no interest in doing what is best for you but what is best for them – ie taking as much security and as wide a guarantee as possible.
If the FIl wants to lend you a deposit he could do this in several ways, best would be a LOC. But whether he could borrow and onlend would depend on the circumstances.
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 you are a resident for tax purposes then no change.
If you are a non resident there are big differences. No tax free threshold and the rates start at 30%+. You would also lose the 50% CGT discount.
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
Complex question involving several different legal issues – do you need a credit licence for example?
Think litigation – the owner of the property and the person behind it. Is it a good idea to get your mum involved?
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
There may be some private type lenders who will allow this.
Generally there are 2 problems
1. Second mortgage
2. lender nothing you have no money in the game.
Solution may be to use own funds initially and then borrow from the vendor at or after settlement.
Sounds like you may have recently done a course – be careful. This is good in theory but rarely works out.
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 a lawyer and broker I would say don't cross. I can see no advantages at all only detriments.
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
Dyna wrote:Thanks again for all the responses. I have another question about structuring. TheFinanceShop mentioned doing an equity release. What tax implications would occur when we sell the property and I want to pay my FIL back? What if we were to roll the profit into the next deal? My accountant has recommended I set up a trust (planning to buy, renovate and sell a few properties over the next 2 years). Would FIL need to be a beneficiary? Basically, I'm looking for the best structure that will minimise risk and tax for my FIL. He is a sole trader. Any further help would be greatly appreciated. Thanks.Bascially no 'structure' is going to protect your FIL because he would generally be giving a guarantee and allowing his property to be used as security.
There are ways to structure things so there is both asset protection and tax savings. Just bororw the deposit from FIL. No personal guarantees and no cross collateralising. If you go down he would lose the money he had lent you but not more.
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
Dyna
profits are still taxed, even if you roll it into a next deal. If a trust doesn't distribute it will be taxed on the top tax rate – 45%
If you want to access the equity in the property it can be messy depending how it is structured. If you had just borrowed money from FIL then little issue. If your FIL's propertyis used as security then he will need to consent to any increase in the loan. It would probably be better for you to wait until you have enough equity and removed him and his property and then you are on your won and can do increases as your please.
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
Not correct againShelbyduck
If you are bankrupted a creditor may go after the trust assets. And they may be successful to a certain extent depending on the structure of the trust, terms of the deed and how it was used.
If a tenant sues the owner of the house then they will sue the trustee. If this is you your personal assets are totally exposed.
If the property is in your name or under a 'trust' either way you would have insurance and this will probably cover most event.
Funny comments about tax. There is no conflict of interest for a lawyer to advice on tax. Taxation is covered by legislation and regulations – ie laws. Laws are something lawyers advise on, but tax agents can also advise on. However tax is only one small consideration with trusts and tax agents could advise on the non tax aspects:
1 asset protection
2. succession
3 control
4 corporations act
5 fmaily law issues
6 bankruptcy issues
7 terms of the deed
etc
Only a solicitor can set up a trust. An accountant would sell a deed prepared by a solicitor. They can't legally do this in my opinion and in the opinion of the Courts – recent WA case states this is legal advice.
Some accountants charge by the hour, and not all lawyers do. I am a lawyer and a chartered tax advisor and I charge on a fixed fee basis.
Whether you need a new trust or can use the existing will depend on the terms of the trust, where you are buying and how it has all been structured.
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
A trust is a legal person, but a relationship and only solicitors can advice on setting up trust relationships.
Some of your points are misguided. A trust cannot protect other assets you have for example. The asset protection aspects arise because a assets held by a trustee of a discretionary trust are not assets of any one beneficiary and generally won't fall into the hands of creditors if any one beneficiary were to become bankrupt.
It is generally no harder for a trustee to get finance than the same trustee borrowing in their own right.
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
A person wants to know if they can borrow against property located in the US. I am not sure what KYC has to do with it- no not a form of lubricant, but Know Your Client (i imagine). So I guess he is saying that the potential mortgagor must go to the US to get a loan because Australia has a KYC policy and therefore Arun presumes the US must also have one.
Arun are you a new broker?
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
Arun Bhuta wrote:Dear kevsgn,In Australia a mortgage broker can not put application to bank unless then have done personal checks. Known as KYC.
Similar requirements will be there in US. Hence you could not avoid going to US that is my understanding, but you need to verify with mortgage brokers with US.
Another post which makes no sense!
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
Arun Bhuta wrote:Dear Ynchai,Early payment is required to be done but in Offset account. Hence to pay or not to pay is not the question but how to pay is question.
I am going to be rude and straight to the point!.
Arun, you don't know what you are talking about!. You are dangerous.
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
Yep. Avoid one big loan for 2 reasons:
1. Hard to apportion interest
2. Impossible to pay the the non deductible portion off first.
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