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  • Profile photo of TerrywTerryw
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    @terryw
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    BigCubez wrote:
    minds-eye wrote:
    I was thinking that I would rent the property out initially in order to claim approximately $5k worth of deductions during the construction phase.

    I'm not sure what 5K deductions your trying to claim during construction. It is my understanding that if the property in not available for rent, then you can't claim deductions.

    With the CGT, if you have it as your PPOR initially, then move out with no other PPOR, then it can remain CGT free for a further 6 years. If you rent it out first, then move in, the CGT will be apportioned between time of ownership and the amount of time it was your PPOR.

    BC, costs incurred while construction is happening, is potentially deductible. This was decided with the case of Steele about 10 years ago. Mrs Steele took about 10 years to develiop a property – in fact she never did develop the property (from memory) but she was still able to claim interest etc because she intended to rent the property out when she eventually developed.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    See the movie 'end of watch'

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    That is the trouble with international investments. This is a very complex area and you must expect to pay for this extra complexity. You need someone with a masters in tax, as the average tax person wouldn't know much.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    richard1983 wrote:
    I was sure that is what read in 0 to 130 properties in 3.5 years…

    A fairy tale…

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I think you should keep your business trading accounts with a different bank. What could happen if you have a hard time and your accounts look bad – your bank could start to get worried. If you were going to try to get over this bad period by borrowing more money from the same bank then they would be even more worried.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There could be a pty ltd company as trustee (and should be). Each unit holder could be a separate pty ltd company as trustee for another discretionary trust.

    You have to consider who will control the trustee. Who will be director? How many directors, How owns the shares in the trustee company. What happens if a director dies, how will a new director be decided. Probate may take 6 months. Who will be director of each separate trustee company underneath. Will these directors need to give personal guarantees etc?

    Careful planning is needed from a tax, legal and finance perspective.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You entered into a contract and you now want to break that contract. I would suggest you read your contract in full and see if there was any cooling off provisions and then determine if you notified them in time.

    Also consider contacting the department of fair trading in your state.

    Cancelling the credit card won't save you as the bank can still let the charges go through and chase you for the money.

    You should take this very seriously as they could easily take you to court and win and then you would have a judgement on your credit file for the next 5 years. They can still chase you for the money and possibly seize assets.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    richard1983 wrote:
    Grrrr… I like a family trust because of simple finance which allows the ability not to hit the borrowing cap of other paths

    Richard, what do you mean by this? This is not the case from my experience

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Its good in theory but you have to plan for every possible eventuallity.

    What will happen with finance? All directors and unit holders need to guarantee the loan. If 5 people guarantee the loan then this is going to be 5 times as risky as an individal buying and hurt future borrowing capacity of everybody. This can be structured around so only one person need to guarantee – but then you have to ask who and should this person be compensated for the risk they are taking.

    Think, death divorce and bankruptcy of each person too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    nkrasn wrote:
    I am new to property investing but I am looking to buy an investment property and I have a company Pty Ltd set up as Family Trust. So in a nut shell, I am trying to confirm whether there are more pros to using a family trust to buy an IP???

    As my new tax accountant says there isn't much difference.

    Also, many years down the road, if I want to transfer the IP property into my child's name, is it  a simple process using a family trust as opposed to buying in my own name outright?

    cheers

    Natasha

    Why do you already have a trust set up? If this is trading it may not be a good idea to buy property in this same trust.

    And I agree with RPI, there is a huge difference between a company and a company acting as trustee.

    If you want to transfer the property from the trust to a child there will be stamp duty and CGT, legals, loans to worry about. You could leave the property in the trust and pass on control to the child, once they are over 18 – they could just become the director of the trustee.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Thats right accountants cannot give asset protection advice as this is legal advice and they are not trained in this area. But many do, so take their advice with a grain of salt, but it is important to get the tax advice as well.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes. i have never heard of a resi non recourse lender. Only for larger commercial deals.

    You could possibly use one of the super loans…prob not

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @sydney wrote:
    Yes, we signed "Exclusive Management Agency Agreement" with the current agent. The vancancy rate in that area is below 2%. I admit our rent is a bit too high in the first place. It's what agent suggested. After few weeks, the agent suggested we drop the price which we did. That's why we feel that the agent is not very effective. With that contract, can we get the new agent to look for tenant at the same time? or should we ask the current agent first?

    What are the relevant terms of that agreement? We have no way of knowing what you agreed to, you must read your contract.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I agree Doug.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    RPI – how do you become a surveyor?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You will have to see what you agreed to with the original agent. Did you sign a contract of some sort?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    One strategy may be to add dad to title now. Then build and subdivide splitting the blocks on completion. Stamp duty on the way in, but only half of the value at that time. On sub-division it is possible that not stamp will be payable but this must be set up properly up front using a deed of partition.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Ideally, it would be good to get one block in your dad's name for the CGT exemption (assuming no other property owned). But being retired it will be difficult for him to qualify for a loan. There will also be stamp duty to transfer and CGT implications for you.

    The best time to reduce the stamp duty would be to transfer when the value is lowest – it now or when house demolished (if).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hi Guys,

    Thanks for the recommendation, but I can't take on anymore legal clients for a few weeks. I've sent you an email Nigel.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    1. I wouldn't use the redraw monies as that will create a mixed loan which will lead to loss in tax deductions in the future.

    2. not enough info to answer

    3. own names probably best – also consider just your name or just her name.

    4. not necessary, but stronger asset protection in case the trustee is sued, eg by a tenant. If unit trust is used there are 4 reasons to buy one property per trust. – asset protection, land tax, cgt and smsf, stamp duty too. lending too – 6 reasons now.

    5. I am sydney based tax, finance and legal advisor and can refer you to tax agents to get tax done.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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