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  • Profile photo of TerrywTerryw
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    @terryw
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    I think it is 5 years

    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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    apple is terrible. I am just waiting for the Note 2 phone in a couple of weeks and I will be apple free!

    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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    JimmySprinkles wrote:

                 Whilst nothing is seemingly divorce proof,would you say that individual or company have the same divorce implications or are they different.

    Different

    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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    jmsrachel wrote:
    Hi Terry, The work was completed but after It's completed don't you dare call him for advice. And during the whole process he is too busy to return your calls. And then he thought it was ok to settle on a property with the vendors rubbish and furniture still inside. Best of all he has written book after book on property law.

    Hi Joel,

    I dont know anything about your situation, but it would be unreasonable to think that you could ring the lawyer for free advice after the matter has been settled. Their retainer wouldn't cover this.

    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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    Joe, you only pay after the work has been completed – unless money goes into a trust account.

    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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    I say do the sums and work it out.

    Selling and then using the funds will assist in reducing your non deductible debt considerably. CGT could be avoided on the main residence probably so just agents fees and legals. Work out CGT on the other and then work out total costs of selling and how much money you will save in non deductible interest pa.

    Then make an assessment on whether to sell or not.

    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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    Thanks Jamie.

    With property it is best to use a lawyer from the state you are buying in. I wouldn't act for a property matter in SA as I am not familiar with state laws there or the procedures etc.

    I don't know how you should choose your lawyer, but someone with a experience in the area you want to focus on – area as in topic. You can also look for an accredited specialist in property or just someone that seems to specialise without being a formally designated specialist.

    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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    Cross collateralising is when you use 2 properties as collateral for the one loan.

    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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    JimmySprinkles wrote:

     We are not planning on needing to  borrowing any money.What are some of the main reasons that the people you talk of have failed in this set-up.What implications would a 10 man trust set up have on personal borrowing capacity.Cheers.

    Coordination 10 people is hard. Have you ever tried to organise a group of 4 to eat? what, where etc is not easy. Imagine with 10.

    1 will almost certainly lose interest and want to pull out etc. Constant hassles like this. Choosing a property that everyone agrees on will be a nightmare. Except if they are just shareholders and there is one director who decides maybe.

    Trusts effect on borrowing capacity would be similar. Each unit holder would be required to provide a personal guarantee as well as the trustee or company directors of teh trustee. Each guarantor would be guaranteeing the whole loan amount. So if you bouhgt a $500,000 property you may 'own' $50,000 of it but you would be guaranteeing $500,000 loan. Each subsequent loan would look at you owing $500,000 but only getting an income of 10% of the rent…

    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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    JimmySprinkles wrote:

        Im fine with most of the situations you state.What is it you talk about the 50% CGT discount..

    Company pay a flat rate of 30% tax. Individuals get a 50% discount on capital gains for assets held longer than 12 months so would pay a max of 24% CGT.

    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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    JimmySprinkles wrote:

            Thanks very much Terryw.At a guess If we had ten guys all on around 60 thousand gross per year,would a company opened up with the same ten names have much income tax return issues or implications on there personal tax returns.Thanks heaps. 

    Heaps of issues but income tax probably won't be much of an issue.

    Does this breach the Corporations Act managed investments without a prospectus?

    How many directors?

    How many shareholders?

    Who would be shareholders?

    CGT 50% discount

    Loans – who guarantees?

    death – what if one shareholder dies?

    bankruptcy – shares fall into hands of creditors.

    Divorce – shares fall into the hands of a spouse, family court orders over company etc

    shareholder's agreement for various issues

    injecting money – loan or equity?

    etc etc

    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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    PaulDobson wrote:
    Hi gags

    I've been told that it's illegal to give an undischarged bankrupt credit.  I don't know if this is factually correct but we've always taken it as correct.  This has left us with the option of selling the undischarged bankrupt a property with a Lease/Option (not a credit contract) but, the time involved to have the bankruptcy disappear off the credit report is just too long for us.

    We've often sold with Instalment Contracts to discharged bankrupts and, overall, it's worked out well, i.e. we found their default rate to be the same as everybody else.

    Cheers, Paul

    As far as I know this is not correct. There is nothing to stop a bankrupt borrowing as long as they declare it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    JimmySprinkles wrote:

           Hi guys I've just joined the forum and I have a question.Me and 9 yes 9 other people want to start investing in property in a trust situation.Buying a new property once a year then in a few years twice a year and so on till we are getting 5 a year.If we do this in something like a family trust e.t.c will there be much of a tax issue on our income tax as we all continue with our jobs working 9 to 5.Im a complete novice to this so excuse my question.P.S no thread hijack intended.Cheers.

    JS, I have seen many people try this none have succeeded.

    Do you realise the effect this would have on an individual's borrowing capacity???

    You need to think through the various issues. there are many.

    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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    JimmySprinkles wrote:

    Terryw wrote:
    Consider

    – death

    – divorce

    – bankruptucy

    – withdrawing from the investment

    – stamp duty

    – borrowing ability

    – guarantees

    – effect on future borrowings for individuals

    – land tax

    – cgt

    Probably the most flexible structure is a unit trust with a corporate trustee. But the structure within the structure would depend on your situation.

     

                 I want to do something similiar to op but with 10 people and my fear is someone getting divorced.What sort of trust if any is divorce proof.lol.

    No trust is divorce proof. A company may be safer as shareholder don't have the ability to lodge caveats over company property. A family law dispute could result in some sort of charge over the shares, but not the property of the company – depending.

    You need to consider the Coprorations Act rules regarding managed investments too.

    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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    next move would be to speak to your tax advisor. and keep detailed records

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, you could possibly claim the costs of the demolition either upfront or as part of CGT calculations, reduing cost base

    and write off the carport materials in some instances

    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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    I dont' know if annullment means void from the begining or not. If it did it would be like the bankruptcy never happened.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, but there is always hope of an annulment if they can conjure up some money.

    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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    And look at the contract carefully.

    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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    You should get some advice as if you stuff it up you will lose a big amount.

    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

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