Forum Replies Created
- BJamin wrote:Thanks Terry,
So really, it would be best to distribute the funds amongst the beneficiaries which will legally allow you to pay the least tax overall, and then pool the money together again to purchase new IP?
Is a trust taxed the same as an individual if funds are in there at end of financial year? i.e. same tax brackets according to the amount of taxable income the trust has made throughout the year?
THat depends on the benenficiaries. Thwy can gift or loan their money back to thr trustee for further investing. Once a distribution is made it is their money.
Trusts generally must distribute all income otherwise the trustee will be taxed on the income at the top marginal tax rate. Ie 47%
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Qlds007 wrote:Yes if it is anything like the UK there wont be anything like interest only loans in 10 years.Cheers
Yours in Finance
Richard, whats happened in the UK? Whats the average loan look like over there?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I think you need some proper tax advice. Whether someone is a 'developer' or a investor will depend on a lot more than intention.
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
I am sure policies will change within the next 10 years.
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
No not correct.
You will still individually be taxed.
A company or trust is able to contract with your employer and you can meet the alienation of personal services rules then the contracting entity may be deemed to earn the money. Then if you are performing the work you will need to be paid from the entity and pay tax at your own maeginal rates.
Not as simple as you may think.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Jamie M wrote:From memory, I think Dan who has a simpsons character avatar is an accountant in your neck of the woods. Always a good contributor so would be worthwhile getting in touch with.Cheers
Jamie
That character is “Disco Stu”!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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There is a way to borrow 100% now while still saving the same amount of interest and keeping it so that the full 100% loan is fully deductible in the future and also offers strong asset protection and you could get a 100% offset account. Careful structuring 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
No, it is not possible to use your super in anyway – unless you have met a condition of release such as being 60+
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes you could do that, but you would still be taxed as it is your income.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Its not a simple ues or no answer. Ask him for some formal written advice and see what he says.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It all depends on your situation and how you structure it. You should seek tax advice.
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
Nope.
Similar to if you sold a property that you owned and bought another still a taxable gain
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
For calculation purposes putting money in an offset would ssve the same amount of interest as if you put the money into the loan. So a normal calculator should work. In excel look for a amortization template.
.
For your 800k property you would be far better to get a large loan and place extra cash in the offset. This is for tax reasons.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You could possibly borrow to pay non interest related expensese. Capitalisimg interest is generally ok under tax law but the ato have said they can deny the interest if it is being done with a dominant purpose of paying off your home loan sooner.
There are no stamp dutu concessions in nsw for the sale of an ip to a spouse
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Slight changes in tax rates from July. Also consider the delay is paying the ato cgt. If sell after 1 july you can keep the.money for another year
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Newcastle Knight wrote:Terryhow could they then attack and personal assets of mine if I was to guarantee another loan as I would not own anything (on paper anyway).
There are at least 4 grounds they could attack your personal assets
1. Transfer to defeat creditors – bankruptcy act
2. Transfer to defeat creditors – Conveyancing act
3. Constructive trust
4. Resulting trustIf you want to transfer your share to your spouse it can be done, but careful planning is needed. You also need to consider stamp duty, estate planning, and loans – for instance could your spouse qualify for a loan on her own? (if need be)
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The phrase limited recourse is partially misleading. It only means, in relation to SMSF loans, that recourse to the SMSF assets is restricted.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You should be paying IO on all loans untill your PPOR is paid off or untill you offset account is equal to the loan. Extending term wont effect tax.
What did you mean about arresting the repayments above? If you have stopped making repayments and are letting the loan increase then you could be in dangerous territory and should seek tax advice on this.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It is standard practice for banks to ask for personal guarantees even for so called limited recourse loans. No breach of the SIS act either.
There are one or two lenders which can allow lending under certain circumstances so you should speak to a good broker about that.
Removing you name from title will have little to no asset protection basis at this stage. Your house would still be at risk especially in tje early years and depending on how and why you sre doing it the later years as well.
Removing one of you as director is not so simple either as all members must be directors.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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cutegirl wrote:Terryw wrote:If it is in victoria you can transfer to a spouse without stamp duty. This will be a cgt event though. If you are looking to deduct interest then the transferee will need to buy if from you at full market value and borrow to do so. This can be done without or just nominal stamp duty in vic. Seek legal advice from a solicitor before attempting this.Thanks Terryw.
My idea is to split the cgt to me & my partner.
Because in my opinion, if the property under my own name, it means they will the capital gain from my income only
Having the property under 2 names means the capital gain tax are shared (me 50% and my partner 50%). We lodged tax return individually.
Is this correct?
Thanks.
Your will pay cgt on transfer to your spouse unless an exemption applies and then cgt from then on in accordance with ownership %
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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