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  • Profile photo of TerrywTerryw
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    @terryw
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    It’s hard to outsmart the big banks. Even on the interest free period, they make their money on the average person’s lack of self-discipline.

    And carelessness. I forgot to pay my cc last month being about a week over and I copped a $67 fee.

    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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    Benny is right. Cash withdrawals attract no interest free period.

    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 link goes to a link concerning data matching. I don’t think that is the ‘why’ but it is a tool.

    I think the reason why they are chasing is because of tax fraud. many people have pretented to be living in a property when they were not, or vice verson pretending it was rented out while living in it. Also there are more than a few foreign owners who sold a property and simply went offshore with their money without paying CGT – and there are new withholding taxes to prevent this happening too.

    Its a good thing!

    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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    Yes that is possible in theory for a security guarantee. you won’t find a lender willing to take you as an income guarantor – or at least it will be very hard.

    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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    Try Allan Swan

    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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    If there is an appointor then the appointor may have the power to remove the trustee. Read your deed and see what happens if the appointor loses capacity or becomes bankrupt, or dies. Any exercise of power must be valid and performed strictly in accordance with the deed or the removal of the trustee will be invalid.

    far from bullet proof. It is not as simple as buying a trust deed.

    If your wife dies just as you are becoming bankrupt the shares would go to the trustee in bankruptcy. The trust CANNOT become a testamentary trust for your children. It is a trust set up already and the assets of the trust are not your’s to will. You should seek legal advice about setting up a testamentary discretionary trust in the will.

    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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    If the husband ends up bankrupt he can no longer be director. The company is a separate legal entity to the director, so there would generally be no effect on this. The trust is a different matter. it will entirely depend on the terms of the trust and how it was transacted. Assuming no breaches of the trustee’s powers, no default beneficiaries and an open class trust and that the husband has not gifted or lent any money to the trust then assets of the trust will generally be safe. Any distribution to the husband would fall into the hands of the creditors, but the trustee would just divert the income elsewhere.

    In either case, what would happen if the wife were to become bankrupt? Creditors could control the company which controls the trust. They could cause the trustee to distribute to the wife and this would all go to the creditors.

    Also consider what could happen if the wife dies. Hope she has a will in place with special consideration given to who should get those shares.

    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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    Hello everyone
    When it comes to wraps who is supposed to pay for the council rates, the water rates and any wrap insurance?
    Kind Regards
    Nathan

    That is up to the parties to agree on. It would generally be the wrapee

    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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    Hi Terry
    I have been running a FT setup for years with a company trustee. I am director and wife is shareholder. In your experience is this the right way of setting it up, I am most litigious and have no assets. Any family assets are in wife’s name. Reason I ask is a friend of mine has it set up with wife both director and shareholder, but his circumstances are same as mine. He believes he got legal advice from one of the big city firms, whereas I did mine on cleardocs after discussions with my dad (has same setup) and own research. Thanks in advance. Callum

    Two directors doubles the risk as there will be 2 personal guarantees as well as other potential issues such as breaches of the corporations act.

    I can’t say whether you have set the trust up correct or not based on the above.

    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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    You not only need an option agreement but a contract of sale. The terms of the eventual sale need to be determined up front. You will also need a lease. If you are trying to get your tenants to pay rates and other expenses you need to be careful because under the residential tenancies act, in some states, these costs may not be passed on to a tenant by a landlord.

    I wouldn’t be using an online template for an option agreement. I am a lawyer but still wouldn’t prepare my own option agreement because it is not my area and I know it is very complex – for example your tenant may need to pay stamp duty in certain states and that could kill the deal.

    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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    Richard, wasn’t there an exemption added for offset accounts about 5 years ago?

    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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    Savings accounts are financial products I think. You may need an AFSL.

    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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    Actually there are no licencing issues with this sort of thing if you can keep a narrow focus. Property advice is unregulated. You will need a licence to sell or rent or act as a buyers agent, but not do do similar to what Steve McKnight does. Structure advice is legal advice so you could not advise on what names on titles or the tax implications. You couldn’t advise on loans without a credit licence. An AFSL or financial planning licence is only needed if giving advice on financial products – shares or super or insurance basically.

    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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    Christmas is the busiest time of the year for lenders. There are various deadlines you need to meet to be able to settle in time. And if you go over it can be a long wait until your solicitors come back from hols. You should seek legal advice before submitting your offer to make sure the lawyers are ok and you should seek confirmation from your broker that the lending side will have enough time.

    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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    Put another way I have been figuring from what i’ve read (obviously wrong!) that you’d work it out like this
    Interest paid $16000 but tax deductible and therefore 31.5% of $16000 is $5040 – I therefore recieve back $5040Property management $1200 but tax deductible and therefore 31.5% of $1200 is $378
    Where is my logic failing me :(

    What about the rental income you are earning?

    You add up all the costs and then deduct this from the rent. If there is a loss this means you are negatively geared. If positive you are postively geared.

    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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    Interest Paid $16000

    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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    Thanks Terry I’m learning a lot from you.
    Just to clarify on no.3.Do I determine the commercial rate as it is a personal loan ? Because it would be a different rate to what is being charged on the LOC.I’m assuming that I wouldn’t need the paperwork & also charge myself the commercial rate if it was purchased under personal name?

    You have to consider what the security would be for the loan. If the trustee is going to offer you a 1st mortgage then no reason why you would not offer similar rates to a bank. If it is an unsecured loan then a commercial rate may be a higher rate. But you would not want it too high as you are diverting income from the trust to yourself. You should get both legal and tax advice.

    If you were using the LOC yourself then there is no lending from yourself to yourself but you have already borrowed from a bank and can then use these funds to invest. If you do it properly the interest should be deductible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Aren’t you going to seek legal advice before signing? Christmas is coming up and many firms will be closed from Christmas to 20th or so Jan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    1. Yes, if you borrowed to buy.
    2. no
    3. yes. You would have to lend the trustee the money. loan would need to be at a commercial rate if you want to claim the interest.
    4. not enough info, but can be a good way to proceed. But there may be better methods.

    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 company is a legal person. It can enter contracts and it can sign by having its directors sign. A trust is not a legal person. It cannot sign a contract because a legal person needs to sign a contract.

    It is like a person with a power of attorney. The person holding the power enters the contract. Same with trusts. The person holding the power of trustee is the one that enters contracts.

    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 - 1,301 through 1,320 (of 16,319 total)