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

    Focus on the rate not the discount. ING and Heritage are low at the moment for variable. ME Bank for fixed.

    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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    Hope the SMSF is not lending money to a family trust. They are probably just confused.

    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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    yes, if it is rented out.

    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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    Is it the product that you are on?

    The company as trustee can apply for an increase to get access.

    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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    It is not really relevant whether the purchaser is an SMSF trustee or not. Some rules apply for all – if there is no written contract then there is no contract. Ask the agent why haven’t they signed a contract or paid the deposit and ask your solicitor to chase them up too. You can then consider if you should withdraw you offer, – maybe put a deadline.

    Maybe give notice so you can show other potential buyers thru. That might hurry them up.

    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

    Scotty,T the 6 year rule only applies to absences. if you are living there and renting part you are not absent, so s118-145 cannot apply. s118-192 covers earning income from your property and the CGT results.

    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 could apply the 6 year absence rule to only 1 property at any one time. But where you have lived in both properties as the main residence you could choose which property to count as the main residence for the 6 year rule. You cannot claim it for the room rentals so these will cause CGT to apply.

    In your specific situation you could apply it in part. I think your accountant is wrong.

    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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    Assuming you own 50% with your son, this would mean you would be up for CGT on your share transferred to him. He would be up for stamp duty on the value of the share transferred to him – not 50% of the stamp duty that would apply on the whole property.

    there is also the option for you to own much less than 50% to reduce both the CGT and stamp duty.

    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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    All lenders and the broker will be subject to the NCCP.Can’t lend you money unless you meet certain requirements. But the NCCP only applies to natural persons borrowing.

    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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    I just come across this article
    http://www.smh.com.au/federal-politics/political-news/labor-offers-to-end-super-concessions-for-the-rich-20150401-1md29e.html?stb=lkn

    Quote from teh article
    “ASFA shows, for example, that there are 475 people with more than $10 million in their superannuation accounts earning $1.5 million in income and there are 100,000 people in Australia with superannuation balances in excess of $2 million,” he said.

    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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    Same tax rates apply to low to middle income earners. No need for a SMSF to get advantages. Laws may change in the future but we can only speculate what these changes will be. The purpose of super is to provide for retirement – but he seems some very well off individuals are takig extra advantage.

    I would rather see those with very large balances taxed extra.

    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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    If he has a job he may qualify for a loan on his own. There is only a need to show genuine savings if borrowing over a certain LVR – about 85% wit some banks.

    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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    Don’t be silly!

    Super is taxed at 15% going in, whereas you may be taxed at 47% otherwise. Earnings inside the fund are taxed at 15%, what has you may be taxed at 47%. And once you meet a condition of releases the fund could be exempt from income tax and CGT nd you could be drawing out the money tax free. Super is a tax haven.

    Fees depend where the funds are invested. They could be very low in a SMSF.

    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 you could lend him the entire amount he could purchase the property in his own name. You should take a registered first mortgage to protect yourself (and him, from spouses, bankruptcy etc). Once he has it rented and when he gets a job he could refinance your loan with a mainstream lender and you will get your money back. This way there is no extra stamp duty or CGT to worry about.

    The downside is that he may not be able to refinance – but but it wouldn’t be too hard to qualify for a small loan like that with the property rented and a small income.

    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 trusts do get access to the 50% CGT discount – or the beneneficiary will if an individual.

    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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    Changing title = stamp duty and CGT at market values. New loans too.

    Can you lend him the full purchase price?

    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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    I charge $550 for structure consults for non clients. There is no simple yes or no answer, but if you want to claim negative gearing you will have to own the property, or the units in a unit trust. To be able to claim the interest you must have a right to the income and capital.

    Unless your daughter is 18+ she could only earn $416 pa and not pay tax. Any more than this and the rate jumps to 66%.

    There are still of lot of ways to structure a property effectively where it is owned by an individual. See my old newsletters for some articles.

    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

    I recall reading that there are several SMSF with funds of over $100mil that are in pension phase and earning tax free income.

    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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    I am a financial advisor too – see http://www.finwealth.com.auu

    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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    Not really, unless 2 properties are securing one loan. But it is not entirely as safe as going to a separate lender.

    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 - 1,581 through 1,600 (of 16,319 total)