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  • Profile photo of TerrywTerryw
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    Terryw wrote:
    ankitjain wrote:

    A) If a person does an individual SMSF then property overseas is in the persons name

     

    It is not possible to have a SMSF with one member who is also trustee. This is because you cannot hold property on trust for yourself so such a trust would fail. (SMSF is a trust).

    My wording was a bit vague here.

    I should have said it is not people to have a SMSF with just one member who is sole trustee. One member funds with 2 trustees is possible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Your lawyer should be able to draw one up for you. It is a simple deed outling the gift and its terms. You could probably do one yourself.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Wonder where Jessie got that advice?

    That was the second post in one day saying the same thing.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You need a lawyer to provide legal advice and to do the conveyance. You should hire them before you sign any contract.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Ideally you should have done a deed of gift.

    If you were to go bankrupt the trustee in bankruptcy may look at your bank statements and query the transaction. You would say it was a gift and they will argue that it was a loan and is due back to you. You could produce the minutes of the trustees showing they accepted a gift from you.

    You mention transferring the money to the trustee account – where is it now? I think you may have used it to settle. Transferring it around and back again doesn't really change anything i think.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you are owed money you could sue them for it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    The Dark Knight wrote:
    Thanks for the link Brady5 its got me thinking :) just a few questions for the pros on this subject out there.

    Can you withdraw the profits if you bought a cashflow positive property or do you need to reinvest it within the superannuation limits?

    Also how does the members thing work? Can unmarried partners pool their superannuation money together to purchase a property?

    Yes, unmarried partners, married partners, people with mustaches and eunuchs can all join together joint together to form a SMSF. But you have to ask yourself can you work with other people all together?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You should look at getting some legal advice as there are some strategies you could employ.

    Selling – agents commissions 2 to 3% sometimes this includes advertising. Negotiable. You will also need to use a lawyer or a conveyancer for the sale. Oh and commission is payable on the sale price.

    You should also look at the terms of the will. If your friend has been paying bills for the house then these may come out of the estate. If she has been left part of a property then this is hers unless the will says otherwise. Maybe it is the residue of the estate that get split up, that is the left over part after making specific gifts such as this property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Why not get both and use the best one?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    1 should be sufficient.

    You can actually claim expenses out right even if you borrow to pay them. You are looking at interest on borrowings which would be treated differently.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    weathjess wrote:

    So I am about to redevelop a property I own. The bank will loan me some of the money, but there will be a short fall so I will borrow money from the SMSF (documented in the SMSF plan, and interest will be paid monthly).

     

    How do you overcome the law that SMSF are prohibited to lend to members or associates of members, s 65 SIS Act

    http://www.austlii.edu.au/au/legis/cth/consol_act/sia1993473/s65.html

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

    Am pretty new to property investing and know very little about the how SMSFs work, but going through the thread i understand that the biggest hurdle is that no lender overseas would be willing to lend based on the regulatory requirements in Australia. My question then is what if there is no lending involved or if the lending requirements are fulfilled by a private loan from say a family member. I am in a similar situation and would like to setup a SMSF to invest in India. I have 2 options either pool funds with my Dad or to use my own money, which i must add would mean over 90% of my currently SF balance.

    Any thoughts on whether this would work?

    regards

    Jai

    Jaidee you must be Thai!

    What you are proposing about is dangerous. have a read of s65 of the SIS Act Lending to members of regulated superannuation fund prohibited

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Thats your first problem – not using a lawyer.

    Why are you being issued an invoice if you are paying a deposit.? Where is the money going to?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Why are you going to a bank for advice re setting up SMSFs? They wouldn't know much about this area.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    jmsrachel wrote:
    I bet the bank won't lend, too high of a risk

    My bank is willing to lend me up to 80c to buy that land. I am looking for a JV partner to finance the remaining 20c.

    Stamp duty must be more than the land too!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Never lend any one money – unless you don't expect it back!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Rory Breaker wrote:
    My accountant wants to charge $770 for set up of a discretionary trust.  Is this a good price?

    What ongoing costs can I expect come tax time?

    Is it a good trust deed? Does he know what he is doing?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    ok, I admit defeat! Change the word 'many' to 'some' in my post! I know of at least one that has a minimum loan size.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You say you want to borrow $340,000 on a place valued at $350,000  and will be selling a house for $560,000 with a mortgage of $350,000.

    The sale should net you $200,000 which you could use for the current purchase.

    Could be doable from equity pov. Income seems ok too.

    Best to speak to a broker.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    $50k probably aint enough. Many lenders have a minimum loan size of $200,000.

    1. Do you want to purchase from a SMSF? Or in a SMSF?

    2. Do can't set up a SMSF as a company, but you can have a company as trustee and this is preferrable.

    3. Not correct. If your SMSF sells CGT is charged at the rate of 15% or 10% on assets held more than 12 months

    4. Doesn't have to be funded from existing funds, but can be borrowed from yourselves.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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