Forum Replies Created
Any claims wouldn't amount to much 2 weeks is about 4% of a year!
Complicates CGT too, though this shouldn't really be an issue in the long run. The property will be always subject to CGT as a % of the time it was rented.
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
Go and speak to one of the financial advisors at Centrelink. They are apparently very helpful
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, someone that owes you money is responsible and you can take legal action to get this money back. If you have an insurer they will probably take this action (in your name 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 it is all possible. You must seek proper legal advice to set up, as without it you will be in danger of breaching various provisions in the Corporations Act.
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
Don't know about conveyancers but solicitors can.
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
Jason957 wrote:If developing a property under a company (to sell) do you have to pay CGT and income and gst ??Developers generally do not pay CGT just straight income tax. GST would still apply.
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
Forge wrote:Hi guys,Thanks for your replies.
So no one knows how or where to find investing partners?
Terry: I had two trains of thought.
First idea was the half the house would be bought as a wrap arrangement. So there would be no need to guarantee any loan.
Second idea was if the partner was in a good financial position we would create a business and get a new loan for the house under the business name. With both parties as 50/50 partners.
What did you mean by utlising future equity?
I forgot to mention that I have been investing in some sense for a few years. I don't know a lot but I know enough to know that two heads would be better then one. I am really keen to get into a partnership so that I can keep investing and grow a decent property portfolio. So wether I sell or keep the house I am still looking for a investing partner or mentor.
Cheers
Tom
Tom
It is a wrap type arrangment this may not help the family member who wants out. They would presumably want to be taken off the mortgage and want cash up front.
The equity comment what happens in the future if considerable equity is build up and one wants to use it and the other doesnt. Or even if both want to use it.
Also consider death divroce and incapacity.
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
Lee Underwood wrote:Hey Terrw is right with regards to setting up a trust and assessable income. If you purchased an investment property in your name you might be able to set up a discretionary trust for the rental income it generates as a way to reduce your tax. Any thought Terryw? CheersFUrther to wilkos comments you could possibly lease to a trust which could then lease at a higher amount. This would divert a small amount of rent to the trust.
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
Worth making tje point twice!
Another thing to consider is utlising future equity
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
Would you be willing to guarantee a strangers loan? Or even a family members?
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
Would you be willing to guarantee a strangers loan? Or even a family members?
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 have no private debt then losses in a trust should not be much of an issue for you. Especially in this low interest environment. You would be saving money and gifting it or loaning it to the trust to store in its offset account which wod assist casflow.
BLoodline trusts are generally set up under wills. Ie testamentary trusts. People set them up to try to protect the trust assets from being attacked by gold digging spouses of their children.i think this can work to a certain extent but it does restrict things a bit. Yoi would have to consider all tje circumstances of your situation
For a trust set up during lifetime there would not be such good asset protection as the trust assets could still be considered assets of the marriage. With a testamentary trust they were assets of the dead parent which makes a bit of a difference.SORRY for the spelling am grammar. I am sitting on a beach in Krabi thailand.
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
Unit trusts are separate to the individual. Arms length usually is used in the context of entering contracts on commercial terms so a unit holder renting from a unit trust will be arms length if renting at market rates and market terms.
Unit trusts are well worth looking at because of some unique stategies such as
. Borrowing to buy units and negative gearing.
2. Selling units without stamp duty in some states.
3. Ability to use refinancing principal and borrow to buy private expenses and claim the interst.
. Ability to sell units to a smsf andget tje trust assets into super and the cash of your super out into your hands…course careful planning and advice is needed.
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
Hybrids and Unit trust lending is fine. at residential rates at 90 to 95% LVR too. The problems begin when you start wanting the loan in a different name to the owner of the property (such as company trustee and individual borrowing to buy the units). This is more restrictive and probably not necessary in this situation.
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 there are various strategies you could implement to strengthen asset protection. Some cheap and easy to implement others costly and complex. This needs to be considered in conjunction with estate planning, tax, stamp duty, land 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
wilko1 wrote:I think that percentage is 80 percent. That's what it is the building industry. Work more then 80 percent even for the same employee as a subcontractor and you become a employee. The employer would then have to pay your super etc.These are known as the PSI rules, lots of different aspects to it, no. of clients is just 1. a quick google of ‘alienation of personal services income’ should give you some more info.
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
Pimobpi,
Hope you look at some asset protection strategies if you are going to do a development. The protection of what you have is paramount.
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
misleading and deceptive conduct under the Australia Consumer Law. See schedule 2 of the Competition and Consumer Act 2010
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
Think of the legal side of it. You have appointed the agent as your 'agent' in the legal sense. You have probably given then authority to enter into contracts on your behalf in relation to the property, including contracting with tradesmen. You are probably liable for any charges of the tradesman as if you contracted them yourself. I would suggest you clarrify in writing with your agent.
And here is a quote, which I am going to charge you $10 for:
"disgarded pizza boxes are a great source of cheese"
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
Be very wary of people in foreign countries offering loans.
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