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

    I agree with Anthony. And also add that using a company will not increase your borrowing capacity. In fact it could hinder it.

    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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    Try 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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    Post Count: 16,213
    gmh454 wrote:
    I'm an accountant, one of my favourite stories is from a colleague.

    back in the early part of last decade when everyone was buying, and property was going to double every 7 years, one of his clients, bit the bullet and bought up big. (never asked the accountant first, but that is pretty usual).

    At the end of the year he had managed to completely wipe out his income, (property losses exceeded wages).

    He got back around 30K in tax, and asked is "that all" ????. My friend tried to explain that you can only get back what you pay…

    he said …  "but that man at the seminar had said he would get back 45% ($50K) … are you sure you are right …"

    "the man at the seminar "… wonder how many times people hear this

    The good old ‘man in the seminar’ has been responsible for many a misunderstanding!

    So this guy wanted to get back more tax than be actually paid.

    I had a friend who got into a panic when her unit became cashflow positive. Her accountant told her she would have to pay more tax but a way to prevent this was to do a reno. So she did a needless reno on the bathroom

    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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    Yes. all those scenarios would be possible.

    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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    Yes, you may not have to charge GST on a new build in some circumstances.

    The ATO has a tool you can use to determine.

    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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    Make sure you get legal advice if you haven't already.

    Then insure asap – building only needed at this stage, but might as well consider a combo policy

    Consider tax issues with the payment of the deposit too, if not too late

    Get finance sorted

    building and pest inspections etc

    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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    Jason957 wrote:
    So what are the tax implications with renovating over and over ? (Ie Capital Gains) How much is it ?

    And do you have no tax implications at all when having it as a PPOR ?

    Thanks

    Jason

    It would likely be just income tax, ie no 50% CGT exemption.

    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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    Yes. Prob calculated on the land area used by the tenant.

    Also look into land tax. If in NSW you would lose the land tax exemption as well – but may still come under the threshold.

    Also consider the risks associated with this, and check up on your insurance.

    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 don’t know your situation, so can only comment in general.

    1. I would suggest you look at a unit trust with a company trustee. Units owned by a discretionary trust.
    This will give 4 additional benefits, transfer control and low or no stamp duty, refinancing principal, transfer to SMSF later etc

    2. Not a good idea generally to use a company to trade shares, but yes this company could be a beneficiary of the trust.

    3. gift – but won’t money back could be construed as a loan. maybe just have the trust drafted so the trustee can distribute capital. look closely at the terms of the trust

    4. depends on the terms of hte trust deed. FBT may not apply as the company would only own it as trustee.

    sodan suru no wa itsudemo kekko desu.

    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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    Depending on the structure of the ‘gift’ it could be clawed back indefinitely. There are also arguments which could be run by creditors that it wasn’t a gift but a loan etc.

    Trustee will be the ones entering contracts so you have to think about future potential issues too. Subsequent purchases, loan agreements, agreements with builders etc. THen you have the negligence side, with liability if the trustee is sued.

    Think about tax too. Almost always not a good idea to pay cash for something for tax reasons. Once the cash is paid it cannot later be converted to a loan. e.g you may want to access the cash to buy an ivory back scratcher. The trustee may need to borrow to get the money for you – not deductible whereas if trust B had lent the money to A then A could borrow to refinance this loan with the interest deductible. Money released back to trust B would could then lend to you interest free.

    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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    No, there will be little asset protection in the early years especially. But gifting would be safer than loaning. How you structure the gift is important.

    Asset protection will also depend on the structure of the trust and how it was all set up.I

     would suggest you gift to a separate trust Band have that trust lend to the purching trust Aand then have trust B put a mortgage over the property.

    Why personal trustee? Trustee is personally liable for debts of the trust.

    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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    Strategy

    1. wait

    or

    2. find someone to go in with you.

    or

    3. find someone to do the deal themselves.

    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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    Yes, Ziv, that is a good point about those getting swindled in USA, speakign the same language. I guess there are those who don't read contracts even if they are in English.. And it is not just language bit different ways of doing things that is important to consider.

    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 can never really rely on someone else.

    I remember when I was in Thailand looking at a property and I couldn’t speak much Thai then, but knew some. I took a friend’s friend with me to interpret. I was asking “can I get a loan to buy this property” and she was translating “can he live alone here”.

    You also really need to read contracts in the language they are in. A small misunderstanding can have far reaching consequences. Reading Japanese contracts takes a lot of energy. I had to put my daughter in hospital in Japan for an operation and had to sign various documents. Very worrying what you are signing when the language is not your mother tongue.

    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
    AndyProfilio wrote:
    living with my girlfriends .

    Hey, just like Charlie Sheen!

    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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    Wouldn't this qualify as a controlled foreign company (CFC) and be included in your Australian assessible income even if you had not received any income.

    I dont' know the answer as this is too complex, but look at http://www.ato.gov.au/businesses/content.aspx?doc=/content/64063.htm&pc=001/003/129/001/004&mnu=44866&mfp=001&st=&cy=

    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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    And make sure you can speak the language of the country you are buying in!

    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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    Down sizing is good I think. You can speed things up dramatically.

    If you have a non deductible loan and then use money in an offset that is linked to the loan then the interest would increase and it would not be deductible. Possibly best to pay down the loan to a certain level and then set up a LOC to use for deposits for the new IPs. Ideally you wouldn't want to pay down the loan at all, as it could possible become an investment property at some stage in the future. But this will all depend on the equity available. You might have to pay a large sum off the New PPOR.

    Also consider which name the new PPOR should be in. If VIC there are opportunities to consider.

    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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    Plenty of reasons to use trust structures.

    A few extra ones with certain structures

    1. Ability to sell to your SMSF without stamp duty – and thereby extra cash from your super

    2. ability to transfer units to others without stamp duty

    3. ability to sell units to another trust and extract equity with the loan being deductible

    4. ability to buy something jointly with your SMSF and gradually transfer units.

    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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    Yes, stamp duty and conveyancing costs. Whole new loan too. CGT may apply as well.

    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 - 2,721 through 2,740 (of 16,319 total)