Forum Replies Created
Whats your plan?
Probably best to borrow money for it as it will be income producing.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Take great care. If the trust is not set up properly then only a small portion of any interest will be deductible, or possibly none at all.
Finance will be difficult.
Borrowing in your own names won't remove the difficulty in getting finance as the bank will be looking at the structure. It is likely the company will be the owner and the loan needs to be in a personal name so this creates problems for the banks – they are basically lending to a third party who is not the owner.
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 your accountant said that he is wrong.
I assume you are looking at a unit trust? If a person borrows to buy units in the trust then the person may be able to claim the interest on the loan used to buy the units if the units are income producing.
If you borrow money to give to someone there is no ability to claim the interest because there is no income for you.
If you borrow money to gift to a trust or to settle on a trust then the interest won't be deductible if the trust is discretionary because there is no guarantee that the trustee will distribute to you. A fixed trust is different as there is no discretion, but giftin to the trust won't cut it.
And, what do you mean about less deposit if the loan is in your own name?
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
That could be a dangerous assumption!
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 sure what you mean. I guess you mean 'lend' and not borrow. But still confusing.
Why does she want to borrow in her personal name?
(Trust name doesn't go on title, it is the trustee's name that goes on title).
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
Which method would make the more money?
And also your friend is biased so don't believe what he says without thorough investigation.
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
Do you have a judgment?
If so then look at enforcing the judgment. You can do this by seeking further court orders to seize property of that person – bith real and personal. Start by going to the local court and picking up a few of their brochures and ask them for assistance on how to get this order.
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
Jamie M wrote:Terryw wrote:Doesn't sound like a mid life crisis as you sound young!Maybe it's a third of life crisis
I was accused of having one of those when I bought a two seater sports car a couple of years ago….not the most practical family car but the 6 year old loves being taken to school in the "racing car."
Cheers
Jamie
The whole concept of the mid life crisis is interesting. There comes a point in your life when you realise you will die one day and then next day you wake up with a pony tail and decide to go out in style.
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
nguli wrote:Haha nice one Terry! Had me for a while… I kept opening back up to the same page until it clicked. lolclicked – is that a pun?
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 another guy with a mid life crisis here https://www.propertyinvesting.com/forums/help-needed/4346162#comment-272543
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 were deriving income from the GF then the expenses would be deductible against any income to the extend that they relate to the income.
But capital items would be deductible by depreciating the items.
Beware of the CGT sting too as there are a few issues to consider and ways to reduce its effect.
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
Doesn't sound like a mid life crisis as you sound young!
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
Ideally you should secure you loan to them. But if you do this then they may not be able to get finance as no lender would want to lend to them. Another option is to lodge the second mortgage after settlement.
Interest rate can vary depending on how good a deal htey are getting. Nil to 15% 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
bb, what are you trying to do? Or what was your intention in wanting to sell it to yourself?
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 contract with yourself!
Who owns it now and who wants to buy? If the same then impossible. If one spouse selling to another then ok, if a trustee selling to himself then ok – subject to terms of 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
Are you sure the stamp duty is so low? What state is it in?
steps
1. get a lawyer to review your contract
2. get lawyer to prepare contract of sale
3. find agent
4. find buyer
5. all settle on same day.
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?
It will be hard to market if it is not complete. You will not be able to show people through etc.
There may also be other people trying to sell as well.
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, you can. But it won't be easy.
Maybe talk to the same agent who sold you or another agent in the 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
techuser245 wrote:ASIC advised they cant do much about it.ASIC can do something about it if a bankrupt is operating as a financial advisor. The person would be breaching the Corproations Act and ASIC have the powers to deal with this. On the other hand the guy is probably not bankrupt and probably is not giving financial advice. But put your allegations to them in writing and they will look into 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
DeepThroat wrote:They are smooth and employ smooth people like John and Tim. Someone said John is a Bankrupt moonlighting as a financial advisor! Where is ASIC and why are you paying club fees!
!
Did you report this to ASIC?
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