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Nope, this is a legal issue. Can only be done by a lawyer.
It may be better to just consider a trust for future purchases. Also a lot more to consider other than income tax. If land is in NSW then maybe the land tax will be more than you would save in income tax each year.
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
Ben, if you own the land already then it is largely too late for a trust now. Transferring it would mean stamp duty.
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
1. Define 'best'!
This will depend on your situation, the family situation, the existing business set up, land tax, stamp duty, long term intentions and asset protection requirements. And day of the week.
2. Yes. you could borrow 105% or more for each deal. But htis will depend on existing properties. Generally you can borrow up to 90 to 95% of the value of the property.
3. I could possibly assist depending on a few things….
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
excellent Alistair!
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
Perhaps a buyers agent?
Work out a strategy with an approximate area and then employ a buyers agent to source for you.
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
Perhaps meet them halfway. Drop the rent partially or in 60 days maybe. This may keep them happy and mean less likely to leave…
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 was not aware that he went bankrupt, but thought a company he was involved in went under.
I think his books are good. especially rich dad and the cashflow quadrant. Simple easy to understand way of explaining things.
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
Well if you are going to sell one, your PPOR, then you may want to consider buying in a unit trust so as to be able to transfer to the SMSF. But if you do this you can't claim the main residence exemption like discussing above.
It will all depend on the circumstances, but something to seriously consider.
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
There is nothing wrong with that way. People just have different ways of doing things.
One point to consider is if you are going to buy an IP what about super?
1. Get one in a SMSF to it will be tax free income and capital gains once you retire, or
2. Get one in a unit trust structure now and when you do retire you can transfer the units to a SMSF and from there the income could be tax free and CGT free house if later sold.
This wouldn't be possible (ie transferring to smsf) if you purchased in your own names, unless it was commercial property
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
WHy have a PI loan at all. IO with offset may work better.
The only reason not to get an IO loan with offset like this is if you are tempted by large amounts of cash.
It is never a bad idea to pay down loans, but you never know when you may need cash for something unexpected.
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
not_so_lucky wrote:What an eye opener. Thank you! Had no idea about any of that!!!by the way, the property is being gifted by parent to the child.
Consider this:
1. What if the child were to later get divorced
or
2. What if the child were to go bankrupt?3. child died – would pass via child’s will or intestacy laws
If the parent kept the property but let the child use it as their own it may work out much better. The parent could leave the property to the child in the will.
But, what if the parent
1. Went bankrupt
2. divorced/separated
3. had their will challenged.Sounds simple but many things to think about.
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
Why would you use a conveyancer? Use a lawyer as it sounds like you need legal advice.
Why is no money being exchanged? What are the various legal implications of this – bankruptcy clawbacks, estate planning. eg. if you die within 3 years the transfer could be voided in some circumstances. If the transferor goes bankrupt the transaction could be undone – possibly indefinitely.
Tax implications….
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
Transfer to a related party?
It is usually the date of the contract that counts and not the date of the transfer. If related party there may be no contract – but there could be.
You will need a valuation for stamp duty purpose if related party. Council rates valuation probably won't do as only covers land I think.
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
Why pay the $200k into the investment loan. Have you considered just using the offset. Once it is in the loan there are tax consequences if you need cash again.
If you sell your PPOR and buy an investment you will be losing the CGT exemption. Are you aware of the 6 year rule – could rent out PPOR for 6 years and still class it as main residence and avoid CGT.
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
You can gift it to your wife – your share.
But, you should seriously consider some asset protection strategies when this happens. There are a few strategies which could be implemented cheaply and with potential tax benefits 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
And don't forget GST.
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
Much better now. Hasn't given me an 'unresponsive script' warning yet. I think it was the badgeville links that was causing this.
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
MRCCON wrote:Terry, do you essentially get a "double deduction"? Is that possible?Say, draw from your line of credit to pay for new carpet.
You claim depreciation on your carpet, as well as the extra interest on the loan?
Yes. And the cash you would have used to purchase the carpet would go into your offset account on your deductible home loan which would save you interest.
So you are saving non deductible interest and maximising deductible interest
Saving tax in 2 ways.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
Increasing existing loan to buy the new house won't mean increased deductions as it is private borrowings.
Is the house located in VIC? If so you could possibly sell to your spouse or sell your share to your spouse who could borrow to purchase. Cash released goes into the new home and interest on the loan is deductible. No Stamp duty in VIC and possibly no CGT if it was the former main residence.
You need to do the calculations, get legal advice and tax advice and redo the loans. Would be relatively cheap.
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 generally better to borrow to pay for all investment related expenses, including furniture.
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