Forum Replies Created
You cannot claim any interest on money borrowed and gifted to a discretionary trust. If you loan the money to the trust you can claim the interest but not if you charge the trust less interest than you receive.
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 take it these properties are in Victoria? Have you considered CGT too? Part IVA? It is an excellent strategy, but be careful
You can sell at any price, but because the parties are related you could only claim tax on the basis of market valuations. Increasing the sale price probably won't mean any increase in loans. this may mean no effect on claiming the interest. But in the future when you sell you may have to take into consideration the value at purchase rather than the purchase price.
I would suggest you seek tax advise separate from the fin planner to be safe. Fin planners can give limited tax advice but they are not as thoroughly trained.
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
Your smsf can own units in a unit trust or shares in a company. see SIS reg 13.22C. But any property owned by the trustee of that trust cannot be mortgaged or charged in anyway.
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
Sounds like you are relying on luck. Probably the wrong property in the wrong area. Is it regional?
You would have actually lost money on this property considering the interest and other payments and inflation.
What sort of rent return?
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
Your SMSF cannot lend to a member or an associate of a member. s71 SIS Act.
However, there is a new product on the market which allows a person or an associate to indirectly borrow money from a managed fund which comprises super money. This fund lends the money out and takes a second mortgage behind a 1st mortgage of 80% with a total borrowing up to 95%. No LMI involved. They wouldn't do a development loan though.
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
Matty_r wrote:ok, thanks guys. We popped in and spoke with two local bank managers and they were the ones who said we couldn't do it.The reason we need to do this is my ex wife (who I have one child to, and pay monthly maintenance) took me for everything years ago and is very vindictive woman. My wife has owned this house on her own for a number of years prior to our marriage and we are trying to protect her asset.
We want to make sure that if for any reason I should pass, my ex cant have any opportunity to claim on this house.
Richard, please excuse my ignorance, but what it the difference between mortgage documents and the title?
Any connection to NSW? NSW has some pretty extensive family provision laws. Ex wives can make claims on estates of their dead ex husbands (or even lesbian partners). This can include notional estate orders covering assets that you do not even own.
Then you have the family law side of things and the law of equity to deal with.
Loan documents are the least of your problems
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
zmagen wrote:Yes, Japan has deflation, low prices, Chinese prostitutes (although, the amount of prostitution here compared to most other countries in the world is ridiculously minute), migrants and temp workers – and also $20,000 properties generating 10-15% Pre-tax return. What's your point?I was side tracked slightly. My point is that things are changing in Japan. I think prostitution is much more rampant there than Australia. I was just amazed at the number of chinese there taking over industries.
There are properties with good returns from rent. But it is a completely different world to investing in Australia. Properties in Japan drop in value = its like buying a new car, once you drive it it is worth 20% less and continues to drop.
My mother in law and auntie in law have properties that are sitting empty. They could rent them out but it would be too much hassle to fix them up. Its not worth the bother for them. Both are 10min from Osaka CBD too.
But Japan is still an economic trading empire with an economy bigger than Australia.
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
Hi.
I am not much of an economist so cannot comment on the above, but generally… I went to work in Japan in 1990 right at the top of the boom. I was making huge amounts of money doing average jobs. Now I am a NAATI qualified interpreter and have 2 children going to Japanese public schools. My family also owns a few houses in Osaka.
I would never invest in Japan. Not in real estate and not in shares. Not even in business. I just returned from Japan last week and the shops are still busy with people buying still, but prices haven’t gone up in 20 years. Japan is extremely cheap to live. $4 for a sit down meal in a restaurant in Osaka CBD for example. Housing is cheap, rent is cheap, cars are cheap. It is cheaper to shop in Japan than it is in Thailand. I buy all my clothes in Japan even though I stop in BKK on the way back. Off the top of my head I can’t think of anything that is more expensive than in Australia.
There is a restaurant near my house, it has about 10 customers per day if that. About $8 per meal – how can they make money? Its been like this for years. And there are many shops like this.
A few trips ago I went with a client (all expenses paid) who wanted to purchase a helicopter. We travelled around to many aviation companys and I was surprised with the number of Chinese working there. They speak Japanese and English and are infiltrating major businesses. In Tokyo in one of the kings cross type areas I was constantly approached by Chinese prostitutes on the street. I thought I still had it when I was approached by a young sexy girl asking me in Japanese to go for a drink – only to realise she had an accent and it turned out she was Chinese and inviting me to a special bar.. Then I travelled up the coast to Nagoya and stopped at some smallish towns – more Chinese prostitutes. Lots of massage places too – probably staffed with Chinese female masseuses.
I was also surprised on one town to find a very large population of young south americans living there. Some signs were also in another language – possibly portugese. They are all immigrants and go to school there.
Japan would be a great place to retire too. You can rent a small house in the countrside for next to nothing. In Osaka around $1000 per month would get you a nice house – even less in the countryside.
Just some recent observations
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, that is for interest – what is the tax rate in HK? Or other tax haven, maybe lower.
But you are looking at tax on your rental income because you would possibly be positively geared because of the money in the offset. Maybe consider working out the effects if you took the money out of the offset and put it into a term deposit in Australia. Maybe more worthwhile.
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 would say $2,000 to $20,000 to set up. Def have a company as trustee and I agree with Shahin St G is one of the best lenders out there.
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
But you would need to consider currency risk – fluctating exchange rates.
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
As a non resident you would be paying much higher tax than residents. It may work out better for you to take your money offshore where it could be earning higher returns without the tax. This in turn would increase your deductions for the residential property here
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
First thing I would do is to look at the centrelink website and try to ascertain what the assets test and the income test mean for them. They may not qualify now, but they may be close or may qualify in the future for a pension. This would probably change their plans a bit.
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
Darrly,
I agree.
I have a client now who is going to be bankrupted soon. He did his own asset protection planning and thought he was smart buying a commercial premises in a company rather than his own name, Guess who owns the shares!
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
Are you a resident for tax purposes?
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
Consider land tax as well. This is likely to be a large expense as trusts do not get any tax free threshold so 1.6% of the land value for all land owned by trust – each year too!.
Being a director has no bearing on tax. Trading company should not hold assets or be trustee. It could be a beneficiary though, but this may mean it starts to hold assets – cash distributed. It all depends on the risk factor. weigh up risk v costs.
Consider succession planning too. Who takes over if you die or become incapacitated.
Also possibly consider setting things up so that it is flexible and can be easily changed or adapted in the future – such as using a unit trust on top. There are many advantages.
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, its happened to me.
You can get an order that they have abandoned the property so that you can legally retake it and a judgment that they owe you money. You can then pursue them for the money owed – this could be a major hassle though. I had about a $2000 judgment and just let them go.
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
Sounds like a reasonable fee. Nathan is very sought after these days.
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
What is he charging?
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
It could be possible.
Reg 13.22C SIS regs
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