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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes you could borrow. Subject to serviceability etc.

    Not sure what you mean about 'protection'.

    Also the interest on this loan wouldn't be deductible so make sure you have a separate split if you are using the investment property as security

    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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    A business is essentially worthless to a bank. There is no security of any value. What they may lend on is the real property part of it.

    What would the value of the house and land? It would probably be a low LVR too because of the size and the business being located on it.

    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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    Get some legal advice before putting the offers in. For example, Do you know what name should be on the contract?

    Now you also need to consider if any of the non-land assets are mortgaged and may not be able to be sold to you – part of fittouts etc

    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

    Profile photo of TerrywTerryw
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    @terryw
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    You can only count CGT exemption for one period. So one of the properties would be subject to CGT. The good thing is that it may be possible to chose which property.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Redraw is treated as new borrowings. Deductibility will depend on what the funds are used for.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    See a quantity surveyor for a depreciation schedule.

    Changing names on title is not a simple thing. I would result in stamp duty in nsw, but if your property is in VIC you may be in luck. You will need to see a solicitor to do the conveyancing, you will have to buy out your spouse and borrow to do so the loan on this should be deductible interest. This will free up cash and increase your deductible debt. You can take the opportunity to redo your loans to be more effective 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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    @terryw
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    Get an independant valuation done

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Based on your figures the property is likely to be returning positive income before taking into account depreciation and other non cash expenses. These are depreciation of building, depreciation of fittings, borrowing costs, travel etc.

    I would suggest you get a depreciation schedule done.

    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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    Depreciation is also not really a paper loss as you will have to eventually replace those items you are depreciating.

    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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    Income – Expenses

    Rent = $18,460

    Expenses
    Interest = $20,365
    Other (say 20% rent) = $3720
    Total Cash expenses = $24,085

    Cashflow = income – cash expenses = -$5625 pa before tax.

    Taxable Income includes non cash expenses
    So expenses + Depreciation + borrowing expenses too.
    = $24,085 + 7,847 = $31,932

    Taxable income = Rent – Deductions = $18,460 – $31,932 = $13,472 Loss

    This loss will come off your other income.

    If you were on the 37% marginal tax rate then you may get back 37% or nearly $5k.

    Tax savings can be used to work out total cashflow.

    Cashflow above was – $5625.
    So after tax is taken into account it would be slightly negative.

    But this is estimating expenses such as insurance, rates, repairs etc and guessing your tax rate.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    That article also says "valuation returned a much lower price as number of owners in the complex had units sold as mortgagee in possession when the financial crisis hit, bringing down prices for all the properties in the complex."

    So how much of it was due to paying over market rates and how much due to drop in the market?

    Keep us updated on the trial if you hear please.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Kouts wrote:
    Im in Nsw also if you have anybody you can suggest i talk to.

    I am a solicitor and mortgage broker and could give you some tips.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Have you been advised on a post death testamentary trust if there was not one in the will?

    What about gifting the money to a discretionary trust and borrowing it back?

    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

    Profile photo of TerrywTerryw
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    @terryw
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    hi Lee

    Sorry to hear about your parents.

    I think your next move should be to consider legal and taxation advice regarding the estate. There could be significant tax issues there.

    Then you need to consider asset protection.

    After that consider investment strategies.

    What state are you in?

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Many things will need to be considered such as:
    – GST
    – CGT/Income tax
    – possibilities of losses
    – whether all or some will be retained
    – personal liability
    – personal guarantees
    – borrowing ability
    – other assets
    – asset protection
    – who the builder is
    – financing
    – land tax
    – stamp duty
    – estate planning and death (what if death mid way thru!)
    – OHS issues
    – parties involved
    – control
    – deposits
    – franking credits
    – family incomes
    – centrelink
    – length of project
    – company loans, Div 7A
    – legalities
    – contracts
    – forgiveness of debts and tax effects etc
    – value of land
    – value of build
    – end value
    – commercial or residential
    etc

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    You can't expect an answer to this over the net. Its like saying I have a pain in the chest, what sort of medicine should i use?

    Its extremely complicated. But if you get it wrong it could be costly – although no life threatening.

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213
    Paullie wrote:
    Hi guys

    My brother and I are looking at starting a new business and we currently have SMSF setup and have not invested as yet.

    I generally understand the arms length rulings for residential, and I do realise they are relaxed for commercial as well.

    What we want to do is buy a commercial property, then lease it to a company we are directors of, to run a business. Is it a requirement to have a property manager or can we do this ourselves, seems to make sense since to me.

    Are there any other things that could be an issue?

    Still has to be at arms length. You must have contracts in place and everything you would do normally with a normal tenant. No need for an agent though.

    You probably should get a valuation of some sort to prove market rent.

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213
    suarez wrote:
    Hey everyone
    Even m thinking of buying an ATM. A friend of mine recently invested his money in ATM with the help of some company named national cash… have u guys heard of it………if yes plz let me know… 
    plz reply

    One of my friends is losing money right now on ATMs. Doesn't sound like a good investment to me.

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    I remember back 10 years ago a bank manager told clients to make a investment loan PI. Otherwise how will you pay it off? This is while they still had private debt. Could have cost them many thousands in extra tax.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Good point about backing up.

    I use google for email and the google docs cloud where you can upload or even start documents which are held on the google server somewhere. So where ever you go you can access them without the need to have your files on your computer.

    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

Viewing 20 posts - 4,421 through 4,440 (of 16,319 total)