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see https://www.propertyinvesting.com/forums/help-needed/4346720#comment-276980
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
phill666 wrote:Hi guys, these days we can borrow money from lenders to invest against our superannuation.. dI think your wording there is out of whack.
you cannot borrow to invest against superannuation. What you can do is set up a SMSF and the trustee can borrow to invest in property (or other single acquirable asset). ie you cannot borrow, but the trustee can (property held in custodian trust).
Sunsuper was voted one of the best industry superfunds in 2012 – recall reading it somewhere.
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 about penalty interest for you Mick?
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
Realistically what can you do other than settle?
Keys are often an issue – many people don't have keys for various doors in their houses – they may never have locked the door with a key for example.
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
Terryw wrote:Hi Wobbly,Can't imagine that would be the case as most trusts would have no income and those that did have income shouldn't be buying assets for asset protecton reasons.
I will ask my contact at CBA and report back.
His response:
They should take into his personal income depending on what type of trust and how the application is set up.
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 shouldn't settle until you get vacant possesion as you will inherit any tenant problems.
Cleaning can be a problem. Do you have any special conditions about this? I had a client who sold and refused to clean and left stuff everywhere – a wardrobe full of clothes. She refused to remove them. I told her it wasn't nice to leave the house like that. In the end the new owners wore it as they wanted to move in and it could have dragged onlong for a long time.
I would suggest the old holding back $500 trick and see what they say. Some people just want their money so will agree. If they promise to come back and clean it later after settlement don't believe this – although it did happen to me last year. Seller came back and collected junk left.
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
For trusts just use google and start reading. Lots to take in. Or buy the book "Trust Magic"
For your business I would suggest you quickly move over to a Pty Ltd company, either in its own right with sharehs owned by a discretionary trust or as trustee. This company should not buy property for asset protection reasons. Businesses high a very high chance of getting sued so you wouldn't want to lose your properties.
If you will be negatively gearing a trust cannot distribute a loss. So this will not directly assist in saving tax. But befcuase you will be running a business one trust can distribute to another so the business income can be offset by the negative property and this will save you tax.
You also need to consider land tax.
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 have no real way of knowing. Ask for personal guarantees – litle help maybe.
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 Wobbly,
Can't imagine that would be the case as most trusts would have no income and those that did have income shouldn't be buying assets for asset protecton reasons.
I will ask my contact at CBA and report back.
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
Terryw wrote:jmsrachel wrote:Say they are tenants, could you claim the interest on the loan? If only part of it can be claimed how is it calculated?Only if renting at market rates, otherwise maybe a portion of the interest.
How is it calculated? Well if you would have to make reasonable effect to apportion the interest.
If you are renting out half of your house then maybe 50% of the costs. But if you are rent out half of your house for $200 when the market rate would be $400 then maybe 50% of 50% or 25% of the costs.
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
Of course it is not free. The only way someone would spend time with you for free is if they are making money out of you later – selling you a property for example.
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
jmsrachel wrote:Say they are tenants, could you claim the interest on the loan? If only part of it can be claimed how is it calculated?Only if renting at market rates, otherwise maybe a portion of the interest.
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 have no experience recently with CBA but can't see any reason why they wouldn't do a trust.
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't claim deductions for boarders. Boarders don't provide income but just pay for 'board' ie expenses such as power and food.
But are your people boarders or tenants? Sounds like they are not paying market rents but paying more than boarding. Therefore I would guess you couldn't claim a full deduction for costs based on floor area, but may be able to claim a partial deduciton.
You will also lose the CGT exemption on your house (in part) so consider carefully.
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
All.
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
futurecouple wrote:As stated we would not be living as spouses as all paperwork, rental agreement and bills etc would be in his name solely and that I would only be “staying in one “of the bedrooms. The mortgage would be changed to a rental rate. I am aware that the best option is to rent out both properties and move into a new property either renting or buying and then claim all the benefits of two properties being rented but we are trying to avoid moving etc. So it’s more a question of is this legal in the eyes of the tax man as at this stage I would be renting the property to another person it’s just that I may also reside there.I
think your definition of spouse and defacto may be different to the legal definitions…
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
Bob, what are you trying to acheive?
If a person buys a house generally the bank will want that person to be able to service the loan. They would only allow only a spouse to guarantee the loan.
With a company or trust it would be possible
Such a transaction may not give any asset protection. If you were to get me to own the property for example, and you paid the loan then it would easily be demonstrated that I am trustee for you. Also what if I were to go bankrupt or get divorced, or die??
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 National Deposit Funding?
A lender that lends deposits? It could be good and may be a way to save LMI costs, but make sure you service on both this debt and the new loan.
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
Diamonds, gold?
Send it overseas and borrow it back?
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
Bob, I think you must have misinterpreted your accountant.
A SMSF has the sole purpose of providing for the retirement of its members. Members cannot benefit from the fund until retirement. This means all rents and capital gains stay in the fund until you reach the stage where you can legally take income out = meet a condition of release. You cannot benefit indirectly by using the property or renting the property – unless it is business real property and rented at arms length from the fund.
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