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  • Profile photo of TerrywTerryw
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    @terryw
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    Jacqui

    sounds like you are doing very well!

    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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    Think if it this way, if you were to go bankrupt the banks would take the property securing your debt to them. Any other assets would be up for grabs. But if you don't own anything and have little equity then there will be nothing for creditors to take – this could discourage them from suing you in the first place.

    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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    Yes. but that really means you have little to no assets!

    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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    I was a mortgage broker for several years and then started studying law and became a lawyer. It was a lot of work and took about 5 years but now I wish I had done it sooner. Given your tax background you may even get some exemptions too – and you can still give similar advice to what you are doing now, but get paid double! So why not become a lawyer? A tax lawyer?

    I am also a mortgage broker still – I gave it up for a while, but got back in because it is easy work and it ties in with the legal advice. I've qualified as a financial planner and decided not to get licenced myself but have a licenced adviser in my office. This seems to be the most difficult of law, tax and mortgage broking. It is  a lot of work and hard to find people willing to pay the fees which justify the work. There is a lot of compliance work involved.

    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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    Answers

    1. Yes – is dad still working?

    2. LOC on dad's property

    3. Yes – but consider if it should be. A trust could be a good idea, it depends

    4. Easy, but messy. Stamp duty, conveyancing and new loans. Selling and starting over is one option – but there are others.

    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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    INCOME TAX ASSESSMENT ACT 1997 – SECT 118.145

    Absences

                 (1)  If a * dwelling that was your main residence ceases to be your main residence, you may choose to continue to treat it as your main residence.

                 (2)  If you use the part of the * dwelling that was your main residence for the * purpose of producing assessable income, the maximum period that you can treat it as your main residence under this section while you use it for that purpose is 6 years. You are entitled to another maximum period of 6 years each time the dwelling again becomes and ceases to be your main residence.

                 (3)  If you do not use the * dwelling for that purpose, you can treat it as your main residence under this section indefinitely.

              (3A)  This section does not apply if the * dwelling was your main residence because of section 118-147 and ceases to be your main residence because of subsections 118-147(3) and (4).

                 (4)  If you make the choice, you cannot treat any other * dwelling as your main residence while you apply this section, except if section 118-140 (about changing main residences) applies.

    Example:    You live in a house for 3 years. You are posted overseas for 5 years and you rent it out during your absence. On your return you move back into it for 2 years. You are then posted overseas again for 4 years (again renting it out), at the end of which you sell the house.

                       You have not treated any other dwelling as your main residence during your absences.

                       You may choose to continue to treat the house as your main residence during both absences because each absence is less than 6 years.

                       You can make this choice when preparing your income tax return for the income year in which you sold the house.

    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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    Thanks Grum – Most people completely forget about GST

    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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    ryan mclean wrote:
    Terryw wrote:
    you can only count one residence as your main residence at any one time.

    A question for you Terry:

    What happens if the husband is living in Brisbane but the wife is living in Sydney. Assuming both properties were jointly owned (in both their names) would they be able to claim PPOR for both properties (as technically it is their PPOR and not being rented out) or could they only claim it for one property?

    Only 1 would be exempt from CGT per couple.

    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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    1. Anything not otherwise claimed – light bulbs and mower fuel etc.

    2. moving in and establishing it as the main residence again. Look at the legislation s118-145 ITAA 1997. It has an example in the act.

    3. cost base is reset to the time it became income producing.

    Note.you can only count one residence as your main residence at any one time.

    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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    wilko1 wrote:
    Thanks for that terry. 

    You have proberly answered this in another post. But what formal qualifications have you done to gather the taxation, estate planning and other legal/property related advice over the course of your career. 

    Many courses I am afraid – Bachelor of law, Grad Dip legal practice, Master of law, dip financial planning, etc

    And hundreds of short courses.

    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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    wilko1 wrote:
    I thought the was limits to how much you can gift a spouse or a relative etc

    my other comment was the thought of setting up a testamentary trust for the grandson/son. 

    There are no restrictions on who or what or how much you can gift to anyone. However there are a variety of consequences.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, you would be taxed as you are doing this with a profit in mind. You could possibly help your grandmother though and she could gift to you.

    However, there are many complex legal issues such as:

    1. Capacity – does grandma have legal capacity? Could there be allegations of elder abuse involving undue influence etc. Often this will come from other family members

    2. Losing capacity. She you do set up all up now and then grandma loses capacity. Has she appointed an enduring attorney? What will this person think? If it is you does the deed allow the attorney to make gifts to themselves?

    3. Death. What if grandma dies? Who is the executor of the estate? Will they honor the agreement?

    4. Death – what if you die? You have tied up your cash, can your estate get this back?

    5. Gifting – pensions would be affected

    CGT may or may not apply. Don't assume because it was a main residence that it won't apply for grandma.

    Wilko, don't know what you mean when you write: "But certain gifts to different trusts can take larger amounts then the individual." But it is incorrect.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    yellina wrote:
    Dear Terryw, 

    I am Getting 4.92% Interest from ANZ for all the properties. 

    1) Residential. 

    2) Some are 600,000 and some are 350,000. But all my properties, They are offering 4.92% . 

    3) No yearly charges. 

    Because on this forum we discuss about property Investing, I would like to know what other are getting. Qlds is getting 1.3% discount, That is huge than his interest rate will be 4.58%. I wish I can get that will transfer all my properties to his loan account. I am only getting .96% discount. 

    1) No application fee 

    2) No Yearly fees 

    and trailing commission for my broker at .22% per month. We are all happy. No news is a good news. So, i thought I got a better deal. 

    Thank you

    Hari Yellina

    Property Investor.

    Its not a bad discount. But I wouldn't say it is the best deal you could get.

    unlikely that a broker would get 0.22% per month. More like 0.16% per year and increasng after you have after the loan for 4 years.

    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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    yellina wrote:
    Dear All, 

    Looks like I got the best deal, with the Interest rate. 

    No one wants to discuss Interest rates here. 

    Thank you

    Hari Yellina

    How you think you got the best deal? What are you measuring against?

    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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    Yes, it might be possible. Refinance the remaining unit with a different lender – settle on the same date as your sale settles. Will all depend on the valuation though.

    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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    I've seen a lot of people fall down because they deviate from their plan. Don't lend anyone money! I can't believe how many people have lend large sums of money and can't get it back!

    Don't get side tracked into some sort of buisness scheme – most fail.

    Don't get side tracked into shares if that is not your area and not in your plan

    etc

    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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    Unlikely. Loan would be based on purchase price of land and % of fixed price contract to build.

    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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    I might have an old wrap kit floating around somewhere. Will have a look over christmas.

    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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    Hari – it all depends

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Why bother?

    too many variables such as commercial or resident. LVR, total borrowings with lender, individual or company borrower etc

    g. I have a client paying 4.83% with ANZ. He is getting a much better rate, but his situation is totally different.

    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

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