Forum Replies Created

Viewing 20 posts - 2,921 through 2,940 (of 16,319 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Usually date of contract for the purchase of the land.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I've been approached by a forum member to fix a trust he set up incorrectly. Property already purchased so it would take around $5k in legal fees to fix this particular problem with all the loans being redone. Past tax mistakes unable to be fixed.

    A trust could be set up within a hour, but you really need time to seek legal advice (from a lawyer!!!) and to digest this advice. ie you should ideally stew things over for a while. Corporate trustee/individual, strucutre of the trustee company, structure of the trust, type of trust, succession plan for trust, trustee duties, trustee powers, asset protection enhancements, how to use the trust, how to get money into the trust etc all need to be considered. You should also consider the tax side of things too.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    If it was first used as a main residence then two options
    1. Keep it as your main residence while renting out, temp absence rules. s118_145 ITAA 1997
    or
    2. s118-192 ITAA 1997 first use to produce income.
    ” (2) You are taken to have * acquired the * dwelling or your * ownership interest at the income time for its * market value at that time.


    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.192.html

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    suzanneperth wrote:
    Does anyone know of lenders who will lend to a trust where the beneficiaries have bad credit but the trust is good and can put a sizable deposit down?  

    Yes, all lenders that lend to trusts. As long as the trustee or director of the trustee is clean. This is for discretionary trusts. Unit trusts may be a bit harder, but can also be done.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Someone could park cars there maybe?

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Be prepared for a low valuation for new off the plan type propertie.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You need to calculate the cost base. Cost of land and materials, stamp duty etc, Market value wouldn't come into it.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    This is unusual. Is it near Manly in Sydney?

    How many years on the lease left?

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You have to be careful with leases with commercial.

    Had a friend who purchased a property with a nice lease in place. A few weeks after settlement the company leasing was placed into administration. It turns out they were connected to the company selling the property. ie the company owner.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    That sounsd good. Can Carbon Dioxide be used for anything useful?

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    ignoblis wrote:
    I've been reading a lot of good info on this site regarding redraw tax implications but still having trouble getting to grips with it all.

    I have a 400k loan with 100k available to redraw. I'm hoping to redraw these funds in the future to purchase another property which would initially be a PPOR before turning it into a IP in 2-3 years. How best can I access the 100K redraw amount without losing the ability to seek a tax deduction on the interest of the 100K? Some options I have considered are:

    1. Could I refinance the current loan and increase the loan amount back to 400K then put the 100 into offset until I need it for the 2nd property?

    2. Is there anyway of redrawing the 100K and placing it in the offset and overtime being able to utilise it without negative tax implications?

    3. Probably most likely – Redraw 100K from a loan and use this to purchase a 300K PPOR which would then be converted to an IP 2 years down the track. I assume I would then be entitled to claim an offset on the 100K

    As I understand it I would not be able to get claim an offset initially while living in the new PPOR however once it was turned into an investment property I would  be able to seek a tax deduction for the interest on the 100K?

    No matter how much I read about this it is all very confusing, or perhaps I'm overcomplicating things?

    1. No

    2. no

    3. maybe

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Thanks Vic

    A private financier. I was just listening to some Rick Otten podcasts about this.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    No you cannot transfer equity like that.

    If the property is in VIC you could possibly sell it to your spouse for no stamp duty. if NSW full stamp duty would apply. But it may still be worth at as your spouse could borrow 100% and then claim the interest.

    On a loan $400,000 that would amount to another $24,000 pa in tax deductions (approx).

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Cradle wrote:
    Thanks Terry. 

    I will give that a go. My concern is that all the chumps in the real estate industry tend to look out for their own so it is doubtful. If they will act against the interests of their members. 

    They do it all the time – ie act on shonks. Not sure what powers they have though.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    If house in VIC one party can sell to the other party at full market value. Probably no stamp duty, and no CGT. Just legals and new loan fees. This will enable you to claim the interest on a loan to half of the value of the house

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Of course you have the right to modify the contract and you should not be taking legal advice from a real estate agent, especially one who acts for the otherside. You have just been conned..

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    TWH wrote:
    Not sure if any one else has the problems I have with this site , and right now I am on the wifes computer which is brand new my computer won't even open the site up………………..Jay Hinrichs                                                                                                                                                                                                     

    Yes, heaps of problems. Especially with unresponsive scripts. Somersoft is a professionally run forum without these sorts of problems

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Vin Morgan wrote:
    There are other "no money down" initiatives for active investors opposed to passive.

    This is not a very helpful comment Vin. If you want to attract potential clients you will have to contribute something useful.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I've done it before and was lucky enough to rescind the contract.

    Think about the fact that it could hold you back from investing in the meantime because you will have it hanging over your head. worried that if you buy something now you may not have enough capacity for the finance for the one off the plan.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Don't just buy something because you are frustrated. Maybe take a break for a few weekends and then get back into it. I know the feeling and have felt it many times before

    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 - 2,921 through 2,940 (of 16,319 total)