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  • Profile photo of TerrywTerryw
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    @terryw
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    But it could still be worth considering a transfer to a trust for added asset protection and tax reasons. Do the numbers.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    If the owners give permission in NSW – whcih they would if you have a sign up on entry for example.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Sarema,

    It doesn't matter that your loan is closed even if it was still open with redraw available the interest on the withdrawn money wouldn't be deductible if it is used for private purposes.

    If your property is in VIC one spouse can buy out the other spouse at full market value without stamp duty. It will probably be CGT free if it was a main residence, depending on a few things.

    someone sent me a PM asking me to comment with regards to borrowing and using a trust.

    This wouldn't change things because if someone borrows money and 'invests' it in a discretionary trust the interest on the loan would not be deductible because with a discretionary trust there is no fixed entitlements so the person investing the money would possibly not get a return.

    The property could be sold to a trustee and the interest could be deductible to the trust – which may not help a great deal if the trust has no other income but still may be worth considering. Stamp duty would apply though.

    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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    ClaireR wrote:
    Quick note if you do buy a PPOR (although note the best option by the sounds of it) you have to live in the place for 12 months – 6 months for the first home buyers grant yes but if you leave before the 12 months you have to pay back the government the stamp duty concession pro rata. Learnt the hard way over a year ago and our mortgage broker and financial planner never brought it to our attention.

    This is a legal issue not something that a mortgage broker or a fin planner would generally advise on.

    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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    RoyceRolls wrote:
    Thanks ClaireR,

    I asked my broker multiple times to confirm it was only 6 months I had to live in the house to get FHBG and he assured me it was. 

    Thats good to know

    Brokers cannot give legal advice!

    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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    Tenants would still be able to sue the owners of the property = the trustee of the trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    No, the trust shouldn’t invest. It would just be a lender to you.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Freckle wrote:
    Here comes the pain…

    Freckle, but what does it all mean?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Not necessary to set up a trust, but it may be worthwhile depending on your situation.

    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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    RoyceRolls wrote:

    You are suggesting I buy in my name but loan my deposit from a trust I create? Then allow the trust to buy the property off me after my 6 months is up?

    Sorry Terryw, I am new to all of this and am sure ill come across as stupid.  I just want to get my strategy right from the start rather then make mistakes early that will cost me later.

    Yes to the first part, No to the second.

    This goes over the heads of most people….

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    nyc88 wrote:
    Sorry for my ignorance, but when you say, 'Gift the money to a discretionary trust', how much do you suggest I gift to a discretionary trust? 20-30% of the purchase price of the home?  And then borrow 70-80% from the bank, is that how it works? 

    Thank you

    I would suggest you look at gifting the whole of your cash to a trust and then for each property borrowing the 20% deposit from the trust and the 80% from a bank.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    RoyceRolls wrote:
    I agree that $50 for the week I am home is not much at all, I have tried to pay more but he dosnt want a bar of it.  He is just happy I am home after 5 years in the Army. 

    Thanks TerryW. I have been reading up on trusts and definitely think that's the way to go. I have a few questions hopefully you can help me with.

    1, Is the property investor trust the best option?

    2, If investment properties are owned by a trust, and the rental income is getting payed into the trust fund' if you wish to leave it in the trust fund and not pay the beneficiaries can you avoid the heavy tax by purchasing something like a vehicle? similar to a company set up?

    3, What's involved in setting up a trust? costs, timeframe, documents etc

    Thanks for the feed back guys.

    Royce

    Royce

    1. certainly not
    2. no. This wouldn’t work in a company either. A car is a capital asset so not deductible, but it may help to reduce the taxable income slightly by depreciation or other claims, but you couldn’t claim the car outright.
    3. costs from nil to $20k to set up. average around $2k or so can be done in a few min.

    BUT, I wasn’t suggesting you buy in a trust

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There is generally no harm in paying down debt. You will get a guaranteed 6% or so return.

    Another consideration is borrowing ability – if you pay it down now will you qualify for new loans in the future?

    If all properties are owned by the same person(s) then it generally has not effect, taxwise, on which you pay down. But from a lending POV you may want to pay down the highest LVR first as this may make it easier to move banks later if required.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Any chance you would need to upgrade the current PPOR or need large amounts of cash?

    I would generally perfer to keep them IO with an offset account for the extra – but only if you are discriplined.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Mate, that is the oldest tax document I have ever seen. Look at the date on it – 1964.

    Since then decimal currency has come into play, CGT introduced and a whole new tax act enacted.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    some guy with the same name asked exactly the same question here

    https://www.propertyinvesting.com/forums/help-needed/4347359

    maybe you two should catch up?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You must declare all loans. So it if is in your name or your guarantee the loan then yes it will affect borrowing capacity.

    But you may also be able to claim the income from the property, depending on a few things.

    More complex than usual, but doable still.

    It is generally difficult to get an investment property loan in Japan. How will you go about that?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    JacM wrote:
    Good Lord Terry, that's got to be post of the year.  That is smash it out of the ballpark advice if ever I saw it.  Royce you'd sail an awful lot further with Terry on your team than you could by yourself.  If I were you I'd be dialling his number as fast as possible.

    Jac, most people don’t grasp its significance.

    I met with one young guy who had a very large inheritance. He could have done something even better with a post death testamentary trust – but he just went away and never implemented anything. He just started buying property with the cash as deposits..

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Sometimes, though rarely, residential could qualify – the definition of what is allowable is 'business real property', not commercial. Not sure if this could meet that definition though.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Gift the money to a discretionary trust. Borrow it back later on to buy your PPOR. Have a loan agreement which gives an initial interest free period. Borrow 80% from the bank. Live in the property for 6 months, then move out. Rent it. You can still claim it as the main residence, but get all the deductions. Have the trust charge you reasonable rates for the outstanding loan and pay the bank their interest. Allow the trust to take a second mortgage over the property.

    This has 2 effects.

    1. Asset proteciton in the event of bankrutpcy and some asset proteciton if you later go through a marital separation.

    2. Diverts income into the trust which can then be distributed more tax effectively.

    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

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