Forum Replies Created
I think the 6 year rule could still apply if you are a non resident. But CGT is generally more for a non resident because no longer get the 50% discount.
And watch out for non land based assets such as shares. Becoming a non resident could trigger CGT as you are deemed to have sold them at that point.
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
There is a template in excel. Search on "amortization"
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
After using the new site for several weeks now my overall opinion is that it is that of all the forums that I write on this is the worst in terms of setup. Software maybe.
I much perfer the set up of somersoft forum. Not the content (well content too) but the actual board softtware behind it.
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 know a few. But are you prepared to pay for the advice?
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
Its silly to pay down an investment loan while you still have non deductible debt, even if your investments are in trust and you have no income.
BTW, an adult can earn about $20,400 pa and pay no tax.
Trusts can distribute from one to another, but you must be careful not to distribute to a newer trust as you could infringe the laws against perpetuities. Also the income to the recipent trust cannot be offset by just spending it, but can only offset it against expenses.
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
Qlds007 wrote:Thanks Ikhan for the positive endorsement on your first post.Cheers
Yours in Finance
I see he hasn't stuck around very long either. 1 post! It makes you wonder doesn't it.
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 am concerned about people just buying inferior properties because they are 'cashflow' positive. Over the years I have seen many people do this. One went bankrupt.
Cashflow positive is largely irrelevant. What you want is a good property that will make you money long term. What is the point in buing a property than brings in $20 per week if it doesn't go up in value. What happens when the hotwater system breaks, or a vacancy or rates go 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
What happens when rates go 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
There is no point in buying a property just because it puts $100 pw in your pocket. You need to consider whether there is growth potential which is much more important.
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
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).
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
changing names would trigger CGT and bringing money into Australia is generally not taxable so working or not doesn't really matter. For further investing it would be worth considering 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
You should go and see a tax advisor as you would be required to declare the income from the properties and the CG too.
Transferring them to your wife now would be a CGT event so wouldn't save anything on the tax.
Before bringing the money in you should consider some asset protection strategies and there may be some tax strategies too.
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
Not so straight forward – who will own the 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
Hi Ziv,
I will be in Osaka around Nov/Dec before it gets too cold I hope. Do you deal in any properties around that area?
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 think Richard was referring to serviceability calculations by lenders.
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
If you will be using a company as trustee then the company is merely a legal owner with no tax consequences. Income flows through the trust and is not normally taxed in the hands of the trustee. The income is distributed to the beneficiaries who pay tax at their own marginal rates. If the trustee doesn't make a declaration to distribute income before 40 June (and there are no takers in default) then the 'trust' is taxed at 46%. ie not the company but the trust with its own tax return.
The trust can pay private expenses (subject to the terms in the deed) but these won't be deductible unless they relate to the production of income.
Trusts don't increase borrowing capacity as stated in that book, but they do help by making things flexible. So your trust owned property and had equity but after a few years you had a default on your credit file and could no longer get finance. All that equity sitting there not being able to be used. What you could do is to replace the director of the trustee company and/or units in the unit trust with another willing person who would then use their borrowing power to apply for a 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
cmartyn23 wrote:yea those are all good points you guys are making… do you have any recommendation for me in terms of mortgage broker, accountant or legal???Nah, wouldn't know where to find a broker!? Don't think Richard or Jamie would know either.
Where are you located?
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
paradigmv wrote:Found this advice from BANTACS that I believe should answer my question above:"The basic rule is that the interest on a loan is only tax deductible when the money was used to buy an income producing asset or to refinance a loan that was used to buy an income producing asset."
Looks like the answer is YES – I can sell my PPOR to my wife for zero consideration, pay no CGT or stamp duty for the transfer, 'refinance' the investment loan secured against PPOR to include both our names, yet still claim as deductible 100% of the interest incurred by this loan as the original purpose (to purchase IP1 in my name only) remains unchanged.
Will run this by a tax accountant, mortgage broker and conveyancer shortly.
Yes, it can be done. Adding your wife to the loan will complicate things though. There is no need to add her, she can be guarantor. If you add her you will essentially be paying back one loan and taking another with her onlending the money to you – still can maintain deductibility though. You should have a loan agreement with her in place.
But don't use a conveyancer, you need legal advice!
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
There is a thread about them on the invested forum.
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
Watch out for the aggregation of stamp duty provisions too.
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