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Viewing 20 posts - 15,561 through 15,580 (of 16,319 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    GMH

    I think you will find that ‘main residence’ only refers to owned properties. Otherwise the rule would be redundant, you have to live somewhere, and if everywhere you lived was your main residence there would be no need for the rule.

    There is an example in the legislation (ITAA (1997) Section 118-145) where someone goes overseas for 5 years and is still able to claim the original home as his main resdence. [Although, you could argue that he did not have an Australian main residence at the time.]

    I have also asked a ATO tax investigator and he beleives you can still claim the other property as your main residence, even if you are renting elsewhere.

    BTW, the relevant section of the legislation can be found at:
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    If this could apply in your situation, please talk to a good accountant as it couls save you a fortune.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Hi

    My figures have been disputed before![:)]

    It only costs about $300 to set up a trust on the net plus about $300 more for the stamp duty. Going to an accountant will add a bit more. Doa search on the net.

    Trusts will cost not much more to run than holding ivnestments on your own. Most accoutants charge a fee per property for example. If you have 10 properties in your name or 10 in a trust it won’t be much different.

    I setup a discretionary trust for under $1000 and the running costs is very low.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Sorry Doggie, I am a mortgage broker not an accountant. If you want to lear about trusts, just do a search on the forum and buy the buy called “Trust Magic” by Dale Gatherum Goss. http://www.gatherumgoss.com.au

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Imagine your trust had a $6000 profit during the year. Your teenage son takes a year off to go to uni and has no income. The trust can divert all the income to the son and no tax would be paid (by either). If the assets had been purchased in the name of a high income earner, they could have paid about $3000 in tax.

    So even with a small profit you could save $3000 in tax. It only costs $1000 to set up a trust and virtually nothing to run!

    So I don’t know why they would say such a thing.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    You could do it either way. COC is just a measurement used to compare different investment strategies. Infinity is nto real meaningful, so I would calculate it as if using 20% cash deposits. You could be using these deposits elsewhere, so that is what you want to compare.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Hi

    I beleive Steve uses a company to buy as Trustee for a Discretionary Trust. The income goes to the trust, as the company’s sole role is trustee. The income from the trust can be then distributed to individuals or another company so that the max rate of tax paid is 30%.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    If you are moving out and renting you should be able to take advantage of the 6 year rule. You can still class your oirignal home as your PPOR – even if you earn income, and pay no CGT if you sell. Do a search for more info.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    What about establishing a religion? How do you do that?

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Some sort of Trust structure should do you. Try to get a hold of “Trust Magic” a book by Dale Gatherum Goss, a melbourne based accountant.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Unfortunately you cannot get your profit until settlement. And you will not be able to get your deposit back until the property settles too.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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

    Terry

    it is my understanding that you may need a valuation when you move out of your PPOR as it is CGT exempt during this time. The CGT libility begins accurring once you move out (altho there are some ways around this).

    What does the Tax Handbook say on this matter?

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    I beleive that you would not have to show the lease payments as a liability on your application as the cost is passed to the company. How does your salary appear on your payslips and group certificate. This would be the income you show.

    Some banks take into account employer provided cars, and adjust your living expenses downwards to take this into account. eg ING allow $3500 (annual) on top of your income if you have a company car.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Picja. You are right of course. It was just a slip of the tongue! I meant discharged bankrupt.

    Infact, I htink it may even be unlawful for an undischarged bankrupt to borrow money.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Thanks Wayne. Pitty about stockcentral, from memory it was pretty good.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    I agree with Yack that this is a good strategy. I would be a bit wary of property in regional areas at the moment as there may not be much capital gain in the near future (speculation!). It is the capital growth that makes people rich, not the income.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Whereabouts are you living?

    Generally, most LOers mark up the rent by about 40% and the purchase price by about 20%. Using this as a guide, you could just type up a letter to the landlord saying you would like to pay more rent, in addition you will pay for all rates, repairs insurance etc. In return you just want the option to buy the property at an agreed price sometime in the future.

    Start low and see what the landlord says and you can then adjust your offer-if necessary.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    As an example, Bluestone Mortgages rates borrowers on the severity of their credit history. If you are bankrupt or in part 9 or 10, you are given the worst rating – ‘BBB’. If you have been discharged from bankruptcy for 1 year or more, you jump up a rung to ‘A’. Discharged more than 2 yrs ago, ‘AA’, more than 3 years ago ‘AAA’. If you have never been bankrupt you are classed as ‘clear’. The worse you credit impairment is the worse the interest rate is, a ‘BBB’ rating can have an interest rate nearly 3% higher than a ‘clear’ rating. Also other tings such as defaults, judgements, arrears etc will affect your rating.

    Rates will also depend on the LVR, the higher the LVR the higher the risk.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Hi

    I know of one lender that will lend on valuation if higher than purchase price, but the max LVR is 70%, so it has to be an extremely good deal to get 100% finance.

    Many people use rebates, like in Smiley’s example. You would technically be required to inform the bank of the details. Some people consider it fraud if you don’t, others say you are just giving the bank what they ask for (usually just front page of contract-so they don’t see the rebate).

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    First, it may be wise to get a copy of your credit file to see what is on there. YOu can get a copy from Baycorp for free (they need a signed fax). the web address is http://www.creditadvantage.com.au.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Hi

    I would just relax for a month or so and think things out. If you have sold properties you may have enough money to live on for a while. Things may seem pretty hectic at the moment, so it may not be a wise time to decide something major. Your husband may also find another job quicker than expected.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 - 15,561 through 15,580 (of 16,319 total)