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  • Profile photo of TerrywTerryw
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    @terryw
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    I would first look at some asset protection strategies and then consider paying down non deductible debt before reborrowing to invest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    All banks have these sorts of errors unfortunately. I remember I sold a property and still had a $150k LOC with the CBA for years – it is probably still open if I look into it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I am doing one now. St George can go up to 85% depending on the security.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    I take it you may be refinancing?

    You need to think of the tax aspects. Which ever way you do it the $50 could still be available but one way may mean yuo pay more tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I just sold 5 acres in Tahmoor a few years ago. Prices have been booming.

    I suggest your dad seek taxation advice urgently. It could be worthwhile changing ownership now before sub-divison as this could save tax and possibly stamp duty. You should also carefully plan how you are to receive this money – from both a legal point of view (estate planning and asset protection etc) and from a tax perspective.

    How you do all this will depend on a whole host of factors.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Are you appropriately licenced?

    You could charge a fixed fee or a % fee. Whatever the developer is willing to pay.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    lea wrote:
    Thanks for your response, Terry. The properties are all in or around Adelaide. I'm not sure that same law applies in terms of stamp duty in South Australia, unless it's been court ordered, so I think he would need to pay stamp duty on the full purchase price.

    In that case then I don't think there are any concessions in SA, but am not totally sure.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    If in Victoria a property can be transferred between spouses at full market rates without stamp duty. So you could possibly sell your former PPOR to your husband who could borrow 100% to buy it. Funds released could be used to pay down the non deductible debt. This could greatly improve your tax position for minimal outlay.

    But seek legal advice before doing this.

    Also with a property that has no hope of growth, there is generally no point in keeping if you could sell, pay down the no deductible debt and then borrow to buy a better performing property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I would suggest it all depends – if you sold those properties could you make more money elsewhere?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Current balance of your super should only be one thing to consider when opening a SMSF.

    Balances will grow with each pay cheque.

    There are also estate planning reasons to open a SMSF too – taking control of your super benefits and ensuring they are properly taken care of if you were to die.

    I've just done a SMSF loan with ST George and it went as smooth as silk.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    How is the fund performing so far? It must be just over a year old now.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    1. Plan so that you can remain a tax resident – otherwise you could lose this status – seek legal advice on this from your accountant or lawyer.

    2. This is a statement not a question! That sounds cheap to me

    3. If you are not working it may be hard to demonstrate serviceability.

    You have $80k but it would still be a good idea to use none of your own cash to pay for the next one. Could you get hold of the $200k before you buy? This way you could just borrow 80% of the purchase price and put the rest in the offset account. You could then immediately buy another property- instant retirement.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Welman wrote:
    Thanks, TerryW.

    Taking further the above examples. In a hybrid Trust scenario where a person borrows money to buy Units in the Trust, and the Trust buys the property, the Trust earns $20,000 a year of rental income with expenses of $5000 and depreciation $10000.  Therefore the net income of $5000 is distributed to unit holders/beneficiaries.

    My question is that because the depreciation of $10000 is being deducted in the Trust before distribution of net income, am I correct to say that there remains a $10000 of cash in the Trust and that it accumulates year after year?  Since this surplus cash cannot be distributed, can this extra cash be use to pay property expenses(rates, insurance, etc) for the next year cycle, and in effect increases the net income of the Trust?

    I beleive that money not paid out would be capital of the trust. This could be used to pay trust expenses – Subject to the provisions in the trust deed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    djjk wrote:
    Terry thank you so much for your assistance.  I do realise that it reads as though my mother is trying to rort the centrelink rules, but we are only trying to make sure we structure our affairs correctly.  Would you recommend a property/estate planning lawyer or financial planner?  I have zero respect for financial planners but maybe just havent found the right one.  

    I think you need to find a lawyer. A planner may be able to advise on the centrenlink aspects but so can a lawyer – this is law afterall.

    And there is nothing wrong with structuring things to maximise social security benefits,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes, it should be achieveable.

    If you are not paying any interest then the cashflow from property 1 would be the rent of the property less about 25% in costs. You don't indicate what this would be but if your loan is $250k then the value may be around $300,000. At 5% yield the rent would be around $25,000 per year. Less 25% for costs = $18750.

    That alone is more than enough to live comfortably in SE Asia.

    For the next property if you have a large sum in the offset then this should be cashflow positive as well.

    To answer your questions:

    1. Not dreaming, it could be possible sooner than you expect – within weeks rather than years.

    2. $300k upwards

    3. Probably could you get a loan.

    You need to carefully plan, you would probably want to maintain your tax residence status here. You also want to make sure you qualify for the 6 year rule (s118-145 ITAA97). It might be harder to qualify for a construction loan down the track for 3 units, but you could still qualify with careful planning.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Plummer wrote:
    Is your mum even going to be entitled to get the government pension?

    I don't know a huge amount about the criteria but I can only assume that someone with a $500k house/unit mortgage free, $2,000/month passive income for the next 20 years plus $500k in the bank isn't going to be entitled to a whole lot. If the $500k is earning 5% she'd be looking at having a passive income close to $1,000/week.

    I think the pension is meant for those that chose not to invest for retirement.

    But yeah, as Richard said, best to get some professional advice.

    There are 2 main tests for the pension:

    1. Assets test

    2. Income test.

    A single person with a home can have up to $193k in assets other than the home and still get the full pension. They must also earn less than $4056 pa in income to qualify for the full pension.

    The $2000 per month may not count as income if it is just repayment of a loan – but the loan amount would be an asset.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    i agree with Richard. You need some good legal advice and possibly financial advice.

    Stamp duty on $1.5 mil is a lot of money and there may be ways to keep things as they are and still each get what you want.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    NHG looks like you have 197 posts to me.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    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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    2cmerich wrote:
    I Have just sold a property in Sydney, and the contracts have just exchanged today. I am anticipating to Settle by Friday next.

    I have a burning question and that is relating to stamp duty!

    I have a double settlement!

    My conveyancer is insisting that I need to pay Stamp duty??????

    I have read/heard that because I am not having the property transferred to my name but to "MY" purchaser's name (on the Land Title) 

    I am not required to pay Stamp Duty!

    I would like to ask the FORUM this! can someone point me in the direction by way of a link that does state that I am NOT REQUIRED to pay stamp duty because my name does not get transferred to the Land Title

    Please Help URGENTLY

    Why are you using a conveyancer??? This is complicated and you need legal advice and that is a huge mistake.

    Stamp duty will likely be payable. Look up the duties act for the state the property in. An option over property is a 'dutiable' transaction.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    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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    niccy3768 wrote:
    Hi Terry

    Thanks for your comments.  Do you think there is any way this situation is salvageable?  I am trying to decide whether to sell/rent property one at the moment.  Is it too late to structure things differently?  I am not settling on property two until the 1/5 and am at a loss as to how to proceed to my benefit.

    Thanks for your time.

    Niccy 

    Totally too late I am afraid. You have repaid a loan so withdrawing money is considered new borrowings and the interest deductibillity will depend on what the funds are used for.

    You might want to consider selling and then restructuring. Perhaps even selling to a spouse who would borrow to buy. Just do the sums and see what the costs are and how long to recoup.

    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

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