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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    You want to make sure whatever you do you set it up so that the interest on any loans is deductible. If you don't take care you may not be able to claim the interest.

    Other possible ways will depend on the circumstances. Family provision claim and a settlement for example.

    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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    Don't mix personal and investment borrowings in the same loan. You will be able to apportion it easily enough to determine deductibility initially, but as you put more money in it will become a nightmare. Also any further deposits will be coming off the investment portion as well and this will result in more tax.

    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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    Usually you cannot claim reno costs as outright deductions – mostly capital improvements I would imagine.

    Seek specific tax advice.

    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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    Solicitor – legal questions.

    If you would be buying out the sister you would be using the house as security. Also consider deductibiliy of interest questions.

    Depending on the terms of the will the sister may renounce her interest possibly. Possibly other ways too!

    If not it would be a sale from the sister to your wife and normal stamp duty etc would apply probably.

    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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    Firstly, you should seek some legal advice as it may be possible to set up a trust now and other benefits possible. You need tax advice as well perhaps.

    You may also want to buy out the other sister. Land tax advice also.

    1. Bank will lend to the legal owners – if 2 names then both on the loan. Once probate has gone through and the estate administered you or you wife and her sister will own the house. This could be used as security and a LOC set up for example.

    2. Yes. You need legal advice on stamp duty, tax, asset protection, land tax etc. However once in the trust the same general principals apply. Trustee can borrow money using the trust as security – within the bounds of their powers under the trust.

    3. complex. seek legal advice. Possibly none, possibly full market value

    4. Transfer to a trust would generally be a CGT event. There may be ways to do it to avoid CGT depending on a few things. Event though it may be a CGT there may be nil CGT payable depending on the circumstances etc.

    You will need to spend money on advice to save thousands in wasted taxes.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Technically the lender is correct to refuse to take into account the trust income. Because the trust is disrectionary in nature there is no guarantee that the trustee will make a distribution to the same person each year, and if they do it may not be the same percentage of the trust income. This is the case if the individual is the trustee and/appointor.

    But in practice I have never encountered a problem and this has in fact never been raised with me once by a lender in my 13 years as a broker.

    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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    http://www.houseofwealth.com.au

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Most banks will take the trust income into account. You should use a broker.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    I have seen that trend in my work. All the time people ring me up and want to buy me a $3.50 cup of tea so they can extract $500 worth of free advice from 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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    You should not use a company for many reasons. You need to seek legal advice on the structure as there are a number of issues. Set it up wrong and you could lose money and pay for tax and suffer asset protection issues.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    http://www.paycalculator.com.au/old.html

    Another good calc

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Also Someone on $80,000 pa would pay approx 18747.00 in tax. That is just 23.4% tax.
    Great calc at http://www.taxcalc.com.au/

    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

    Profile photo of TerrywTerryw
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    @terryw
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    kilat wrote:
    Hi,

    I'm hoping for some help on these questions that's been bugging me.  We lived in a house for 3 years, then built a unit at the back.  Before the back unit was completed, we built and moved to a 3rd house for good.  The back unit was rented after it was completed, and the front house was rented out after we moved out (both in the same financial year, if that's relevant).  My questions are:

    1)  We intend to sell the front house some time in the future, does the 6-year rule for CGT exemption apply to this?  If not, how do I determine as part of the cost base the front house's share of the original purchase price (which includes the land the new unit is now sitting) and the cost of new common driveway?  If the CGT exemption applies, I don't have to worry about cost base or valuations of front/rear house, is that right?

    2)  There is only one loan for original purchase and construction of new unit.  For the proceeds of sale of the front house, can I use it (in full or part)  to pay off the loan of the 3rd house (assuming the LVR ratio on the new unit is sufficient), and still claim as tax deduction the full interest of the unit's loan balance?   What's the best thing to do?

    Thanks in advance for your help.

    This is a very complex question and you should seek professional opinions.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    jcasny wrote:
    Hey Guys,

    I am very interested in buying a 4 villa complex in Bali, operating as a hotel destination with infrastructure already in place. 

    As i am an investor in NYC and NOT internationally, I wanted to know your thoughts… I am not exactly up to date on the real estate politics of Indonesia and as with any long-term investment I need to consider the investing climate in addition to the investment itself.

    Thank you for any and all comments regarding this matter. (Can provide additional info on the property if needed).

    Very risky is the first thing that comes to mind…

    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

    Profile photo of TerrywTerryw
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    @terryw
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    winadil wrote:
    I want to change my ppor into ip, I went to the bank and after 2 weeks they came back and told me that since my loan is over 80% (is currently at 83% ) that I will have to either pay for mortgage insurance again or pay out $14000 to get it under the 80% but that they also wanted to get the house reevaluated and that the house might be worth less and means I cant get the intrest only loan anyway. I have the $14000 sitting in an offset account but dont really want to pay the loan off as we are saving for another investment property.
    We most likey move out before march/april next year but seems kinda pointless to pay the princle off now when later we dont want too to save money on tax when it is an IP.
    Is the bank just screwing us around or is this standard ?
    What type of option are avaible to us? Should we be looking at changing loans to someone that know what we want or just pay the money off and change it over. Not really sure what to do and dont want to make a silly move that will cost us in the future

    I must be missing something. Why would LMI be payable – are you borrowing more money?

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Best to see a property lawyer. Not all property lawyers would do litigation however, so even if someone has not been to court this may not mean anything. In fact a well drafted contract may mean there is no ambiguity and less disputes arise.

    Also the option contract is only one part of it, the aother part is you knowing the contract and meeting all the requirements such as properly notifying the other party that you are exercising the option.

    There was a recent case involing a restuarant in Darling Habour Sydney which involved an option to renew a lease. Millions were spent on a renovation and then the leaseholder failed to property notify the landlord they wished to renew the lease. the result was they were kicked out…

    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

    Profile photo of TerrywTerryw
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    @terryw
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    You may be able to go into the purchase with another party. It will be virtually impossible with just $4k deposit.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Since you have inherited the land it is likely your cost base will be the value at the date of death. Best to get some proper tax advice before selling as you may be unlikely to get the loss

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Yep. 6 year rule would only apply after it was lived in first.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    If you were paying someone else’s loan you would have a beneficial interest in the property.
    You couldn’t change the loan as it is not legally your. The borrower would be the contracting party with the bank, you would be just paying the loan.

    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

Viewing 20 posts - 2,561 through 2,580 (of 16,319 total)