Forum Replies Created
Generally you shouldn't pay down an investment loan as you will be tying up your money and it won't be tax effective if you need the money for personal expenses. But you also want to release your mum from the shakles of being your guarantor – the only way to do this is to gain equity and there are 2 ways to do this – capital growth and/or reduction in loan.
If you were disciplined you could use a 100% offset account and save up the money in that. When you reach $69k you can consider whether to pay it off the loan or not. This will save the same interest, but keep things flexibile.
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 think the RBA is going to drop rates further/?
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 about CGT?
Agents commissions would be around 2%
lawyers about $1500
discharge mortgage etc $500But CGT could be bigger depending on your situation.
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
Don't know of the merits to your case, but you could try
http://www.aicsa.com.au/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 state?
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
thanks Dan
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 Bob
Are you asking if the CG from the sale of 1 property could be streamed to, say, 2 people and that each of those people can get the 50% CGT discount.
I think the answer is yes. Any accountants out there?
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
The best I have acheived was 1.1% off for a loan of about $1.5mil – but this was a few years ago now.
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
Bob1 wrote:Hi,hope you don't mind me joining the conversation, please correct me if I'm wrong, but don't you get the 50%CGT discount in the company as a trustee scenario if you channel the profits to an individual – such as yourself / spouse?
Thanks.
Not so.
The trustee doesn't matter because the income flows through to the individual who pays the 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
Think also of the opportunity cost.
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
Also, try getting a loan for these. Much harder that normal residential. Therefore it will be harder to sell 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
Heaps – here is just a few
Taxation – trust income retains its character. So if a unit trust made a capital gain it could flow through to the individual as a capital gain if the units are owned by a DT. If the units are owned by a Company then the character would change to that of divdend.
companies also do not get the 50% CGT discount
Asset Protection
assets owned by a discretionary trust generally don't form part of someone's estate if they are bankrupted. If a person owned the shares then these shares would – and could fall into the hands of creditor so any profit by the unit trust could go to the creditors.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 suggest you run some figures.
Also consider CGT as if you initially live in the property and later move out you may be able to retain the CGT exempt status of hte property
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 when you go senile – or die that counts!
You need to plan for an attorney to operate in your place if you go into a coma or disappear or go crazy. The trust must go on. But it is a bit tricky with a trust as a trustee cannot delegate their powers.
When you die you go to heaven but the trust continues. So control of the trust must be passed on. If you control the appointor role in the trust then you need to make sure this role is passed on. Ideally the deed will say who the next appointors will be. If it doesn't then maybe it could be the legal personal representative of your estate – if you die intestate or someone you don't like gets control (exspouse?) then they could control the trust. There are many reasons why the executor you named in your will may not be the executor of the will (the role could be challenged, refused, death, coma, crazy, disappear etc).
This is another reason why a company is a good idea as trustee – when you die the title doesnt need to be changed. If you were trustee then the title for all property owned would need to be changed to the new trustee – which could mean stamp duty in NSW depending on the wording in the deed. A major hassle 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
Unit trusts are generally good for two or more separate parties. Having the units owned by separate discretionary trusts should give each family separate control over their shares of the property.
So this is a good structure. You will have to watch out for land tax though. Using a trust may mean paying 1.6% land tax per year where you otherwise wouldn't.
Who is going to be trustee?
What happens if one of you die? Divorce? go bankrupt? Get pregnant? Go bald?
So many possibilities that could impact on what you will be doing – what if he wants to sell and you don't? What if he wants to sell his units (or unit) to someone you don't know? Does he need your permission? Is there stamp duty on the sale of units?
Might be better to have a larger number of units too. If you had 50 units each instead of 1 then it may be easier to bring in another partner by selling 25 units.
Who will be the appointor of your discretionary trusts?
Who is going to guarantee the loans?The initial funds – will it be lent to the trust or gifted? Who will gift or lend? You or your discretioanry trust?
etc
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 state is the trust going to be set up in and what state is the property?
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
The $1800 per month rent would be income which is taxable – less the deductions. There will be no loan associated with the purchase of this property so there would be little to deduct. maybe $1500 in income after deductions.
You will then have a $520,000 loan of which you will not be able to claim any interest because it is a personal expense.
Doesn't work out very well because you will be taxed on the $1800 per month (or $1500 after deductions) and then have nothing to claim on the new purchase.
You may want to consider selling the original house and then buying another as it would allow you to pay down a non deductible loan and then regear resulting in big tax savings.
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
It could be exempt depending on:
size,
if was ever income producing
if you wil be purchasing another main residenceup to 6 years absence.
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
depends on the circumstances – could possibly be exempt under s118.145 ITAA 1996
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. see http://www.somersoft.com/forums/showthread.php?p=871036#post871036
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