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Yes a smsf can purchase business real property from a member or related party but not residential.
The parents could sell a property and make a deductible contribution to the SMSF which could wipe out or reduce the tax, but there would still be purchase and selling costs – assuming they buy another property in the SMSF.
But, if the income is only $52k then that is $26,000 each presuminging 50/50. No tax is payable until about $20,000 pa. so with w a few tax deductions they should not be paying much tax anyway.
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 Guys
I am heading to Osaka next week. If you will be in town let me know. Prob won't get to kyushu 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
Perhaps do the calculations on selling one or more paying the tax and then contributing into super – would probably be costly 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
no, i am a lawyer with an interest in 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
waydo77 wrote:at a seminar the other day was told that they are able to liaise with an accountant to help sort out structuring and simplify things a bit..anyone know of red?sounds sus to me
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
Or tell the neighbour that you can forward their email onto the tenant if they wish.
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
Tell the neighbour to sort it out himself. Nothing to do with you.
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
Buy a property for tax reasons is not a good way to proceed. You should be buying if it is a good investment and taking into account any tax isues as well.
Whether you should use cash or borrow also depends on a number of factors – not just tax. One consideration is if you use cash you would be saving 6.5% in interest you would have been paying to the bank if you borrowed – so by keeping your cash can you get a better return than this?
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
Or just settle and look at restructuing asap.
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
A trust is a legal arrangement best done by a person who knows what they are doing – lawyer and/or accountant. Lawyer better really as there are a host of legal issues, but you may need some tax advice 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
Probably best to put on the farm loan as 1/4 of the interest on this isn't deductible.
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 tax planning is most important with considerations of asset protection and planning for further investments.. Probably need a tax adviser and lawyer
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 do you mean by "second is hybrid 1/4 ppor and 3/4 ip (farm with house) $360000 loan"
Is it a mixed purpose loan or a large farm with 1/4 used for your home?
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 was on a mobile device when i wrote the above, so let me elaborate why you should not use a company:
1. No 50% CGT discounts for companies
2. Income of a company does not retain its character. Capital gains will be passed on as dividends to shareholders – which may not help a shareholder who has a capital loss from another investment for example.A better way to join with someone is to use a unit trust with a company as trustee and the units owned by the investors – who could then use a discretionary trust to own their units depending on the circumstances.
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 a good idea to try to educate yourself, but there is only so much you can do yourself. I have been like that and have completed course in law (including masters), taxation, mortgage broking and am now doing financial planning including super. But I am still learning new stuff everyday.
I think you have to know the basics and then use professionals. What you know should confirm whether they are broadly on the right track or not. eg. a planner recommending selling a property and investing in a plantation should ring alarm bells, but a tax specialist who recommends XXX and backs up their suggestion with references to legislation etc might make you more confident.
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
1. yes
2. yes, if you rent it as furnishe
3. could possibly be CGT depending on circumstances
4. yes. which state/city are you in?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
Rather than A pty ltd company a unit trust would be much better
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. But just make sure the bank won’t class it as a missed repayment and default
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
Dloy wrote:Hi Sundance,It would definitely be better to pay down the loan as quickly as possible so putting the money straight back into the mortgage is highly recommended. Along with any other spare cash you have. (Paying an extra $100 a week into a 30year mortgage on a $360k property will save 10years and $200k worth of interest!)
Have you set up an offset account to make payments into? If so, you can still withdraw the cash if necessary and it would be far more beneficial to have it there than in your bank account.Kind regards,
DerekSorry, I would have to advise against this.
Paying down loans is generally good, but as this is an investment loan then the person should be paying into a 100% offset account to avoid tax problems.
Remember money paid into a loan is new borrowings when withdrawn
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
Often those socalled specialises aint really specialists but just sales people who get kickbacks from referring to others.
One of my friends signed up with an expensive accountant with inhouse fin planners an borkers where they all work together etc etc. But in reality it is a just an average accountant who refers loans to his local bank an who also has a distant referral relationship with a fin planner.
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