The situation we are in, is my wife and I have a huge mortgage on our PPOR (500k). We both work full time with myself being the highest wage earner.
My wife, by inheritance, has 3 properties owned outright. One house (divided into 2 units) & 2 strata Townhouses. We have owned the properties since August 08. Its great having the rent as extra income, however the tax bill every year is killing us !! We also have our first house which is negative geared. And we have a boat which has a loan against one townhouse.
We are struggling to find an advisor / accountant that we are comfortable with. Thus the reason we are posting this question here.
We have been told to never sell….however we are thinking that the best way to fix our debt problem is to sell one or more IPs to clear both the boat debt and PPOR debt. We have been told that the other option is setting up some kind of trust to transfer the debt to, thus becoming good debt (tax deductable) rather than Bad debt.
We have tried to understand how a trust can benefit us and our situation. Firstly we know that being in NSW we lose the current threshold for land tax. We know some basic advantages and disadvantages but would love someone to describe Trusts to us in layman terms and if it is suitable for us. We don't really understand some of the terms. eg: who will be the Trustee, the Appointer, the Settlor. Obviously we will be the beneficiaries.
So in summary, do we sell IPs to clear the debt, or set up a Trust to sell the IPs to, to clear the debt ??
Disclaimer:- I have only the barest knowledge of trusts, having just started looking into them myself, so check anything I say. (And no doubt someone more knowledgable than myself will reply soon.)
Firstly, be very very careful. The first thing I was told about trusts was, do not set one up just to lower your tax bill. The ATO will not allow it. There are legitimate reasons for setting up a trust, like asset protection (are you likely to get sued?), and estate planning (passing assets to children) among others.
In laymans terms, trusts are created by the settlor. Settlors are not allowed to benefit from the trust – settlors are usually solicitors or accountants
The trustee looks after the affairs of the trust, making the day to day decisions. Trustees can be individuals, groups or a company.
The appointer hires or fires the trustee, therefore is the most important role in the trust. Make sure you "trust" your appointer, the appointer in theory has control over all the assets, by being able to choose a trustee.
As all a trust does is distribute income to beneficiaries, if those beneficiaries are just yourself and your wife, then you are still going to pay tax at your top marginal rate. So you'd need to look at whether creating a company as beneficiary, would be appropriate, which is totally outside my knowledge.
My understanding is that if you transfer investment properties to a trust, you pay CGT and stamp duty on the transfer as though you had sold (but check this!)
Also did you know that you can't offset losses of a negative geared property against your income if you own the property in a discretionary trust? Also you lose CGT exemption of your PPOR if it's held in a discretionary trust.
There are so many options, so many factors to consider, that my thoughts are, this is definitely an area where it is worth it to pay for professional advice, especially given the likely sums involved and the consequences of getting it wrong. How many advisors/accountants have you spoken with? Perservere in your search for an accountant/advisor!
The situation we are in, is my wife and I have a huge mortgage on our PPOR (500k). We both work full time with myself being the highest wage earner.
My wife, by inheritance, has 3 properties owned outright. One house (divided into 2 units) & 2 strata Townhouses. We have owned the properties since August 08. Its great having the rent as extra income, however the tax bill every year is killing us !! We also have our first house which is negative geared. And we have a boat which has a loan against one townhouse.
We are struggling to find an advisor / accountant that we are comfortable with. Thus the reason we are posting this question here.
We have been told to never sell….however we are thinking that the best way to fix our debt problem is to sell one or more IPs to clear both the boat debt and PPOR debt. We have been told that the other option is setting up some kind of trust to transfer the debt to, thus becoming good debt (tax deductable) rather than Bad debt.
We have tried to understand how a trust can benefit us and our situation. Firstly we know that being in NSW we lose the current threshold for land tax. We know some basic advantages and disadvantages but would love someone to describe Trusts to us in layman terms and if it is suitable for us. We don't really understand some of the terms. eg: who will be the Trustee, the Appointer, the Settlor. Obviously we will be the beneficiaries.
So in summary, do we sell IPs to clear the debt, or set up a Trust to sell the IPs to, to clear the debt ??
Thanks in advance for everyones help.
Mick
My fav topic! so gonna be a long post:
—Trust—
Swapy has mentioned a few important points so adding on.
1. Having a trust doesn’t sound like it’s gonna solve your problem as such; i would be looking at a better financial structure to lower your PPOR + gearing the tax benefit a lot better ( ie find a better accountant)
-> If you transfer your Ip to the trust, you WILL have to pay the GCT + purchase and mortgage stamp duty ( since it’s a Trust/PTY purchase- however it varies slightly state by state), it’s like selling your IP to a 3rd entity.
-> A standard trust will not receive any of the negative gearing benefit or losses; having said that some trust (depending how your structure it ) can pass the loses to the beneficiaries and still achieve a similar outcome
-> A trust is only useful in 3 common situations;
1. Asset protection- if your going into a risky investment/ financial commitment
2. Your income is in the high tax bracket – trust get’s taxed at 30% straight. + ability to distribute the funds to beneficiaries according to your financials that year ( depending which trust you choose).
3. Can pass on a trust or add kids to the trust in a tax and financial efficient way.
If you want to know more about trust – PM/email TerryW from this forum; his a pro when it comes to trust…i personally have learnt a lot from him.
—Reducing PPOR debt —-
Short term – not the best option….
The quickest option is to sell your IP as you probably know…but selling it to your own trust may not be the best way around this; ie you do a standard sell for $X and make say $200k Profit – CGT kicks in and you after tax profit is $130k ( 35% tax ) goes straight into PPOR. VS
Sell to trust also at an $200k Profit…CGT is the same – so after tax tax profit is $130k ( 35% tax ) – BUT you have to minus cost of 1. Stamp duties around $15k + trust set up cost – $3k, yes in affect these extra funds could be borrowed as an “investment” since it’s soft cost towards the trust…but that’s another investment set up
Long term….
This involves setting up the right loan structure.
1. PPOR set up with Offset account
2. All IP set up as a basic loan on an IO ( interest only – important), with no connecting “accounts”
3. All rent + all income goes into PPOR offset
4. All repayments and bills for PPOR and IP also comes out from this PPOR offset.
5. All tax returns + bonus also goes into PPOR( you get the drift…)
6. Always do a depreciation report.
And if you wanted to be a bit more pedantic and aggressive you could add in step 7. ( a bit of self control)
7. All bills and living expense paid off by a interest free credit card, balance paid off in full before interest is charged ( allowing the extra cash to sit in the offset for 45 days)
—-Capital gain tax- maximize benefit—
This relates back to selling one of the IP to reduce the PPOR debt; this part is important i thought it deserves it’s only section
When you sell, CGT is payable…so how can you within the ATO guidelines minimize this tax? it all comes down to right loan structure, timing and creative strategies
In summary you need to minimize the amount of income receive the year that you sell, not by working less…but by;
1. Doing an IO in advance for 1 year on your IP; so say you do it this year..when it comes to next financial year you will have a improve cashflow and the IP should be +VE gearing…hence more money going towards the PPOR offset.
2. Selling any shares or investment that is making or will make a lost – to offset the CGT
3. Advancing any another investment you might have
4. Fast forwarding any renovations you intend to do on your IP
5. If your work is going to give you any bonus it’s best to speak to the boss amount when you want to receive this…you may instead of getting it now 3rd june…wait till 2st July ( next Financial year)
6. Lastly put off the sale till 1st of july so you got ONE full year to execute the above 5 points…
Ok that’s it for me- sorry there may be some typos…it’s late 2am
Good luck and any questions feel free to holla.
Long term…. This involves setting up the right loan structure. 1. PPOR set up with Offset account 2. All IP set up as a basic loan on an IO ( interest only – important), with no connecting "accounts" 3. All rent + all income goes into PPOR offset 4. All repayments and bills for PPOR and IP also comes out from this PPOR offset. 5. All tax returns + bonus also goes into PPOR( you get the drift…) 6. Always do a depreciation report. And if you wanted to be a bit more pedantic and aggressive you could add in step 7. ( a bit of self control) 7. All bills and living expense paid off by a interest free credit card, balance paid off in full before interest is charged ( allowing the extra cash to sit in the offset for 45 days)
This is my loan structure almost exactly. Works a treat, I love it! Including the pedantic part, number 7. Except, I am still a bit confused about exactly when to pay the credit card out. I normally just clear last months balance at the end of the month. If I wanted to stretch out to the 45 days, does this mean I pay the minimum balance by the due date and then the remaining 15 days later? (Not meaning to hi-jack the thread)
It depends which date and day you took out your credit card; it’s really stupid i know.
In basic terms it’s really interest free for 6 weeks only ( 42days) ….say you took out your credit card on a Monday- they count 6 Mondays from that day onward to charge you.
However if you took this credit card out on a Friday- you got the 6 Fridays + the extra weekends – hence the “UP to” 45 days interest free.
The above work out is for most GE credit card…some banks work differently – but you can give your credit card provider a call and ask how your one is worked out and when it’s due.
I try to pay on the 15th of the month every month- just to be safe + a habit if i know it’s always due on a set date.
I think it may be an idea to sell a property. The tax savings overall may be worth the extra costs incurred with the CGT and stamp duty on repurchasing a new investment property. There are also significant asset protection advantages available if you can set it up correctly.
I am a solicitor based in Sydney CBD. If you buy me lunch one day I will go through it all with you.
Thought about selling the PPOR and renting same or better in the same area? Probably for a lower per-week out of pocket. No CGT, you clear the non-deductible debt, possibly the boat as well.
If the IP's are in your wife's name, as you say. Perhaps she stops or cuts back on work? It all depends on why she is working. i.e. If it is for career and enjoyment, well, all is good. If she is working to pay bills, then she is wasting her time. May as well just live of the rental income and your wage.
Given so much equity in those IP's, I would be using it to buy more property. It is a buyers market in many regions and you could set yourself up nicely for an early retirement. Talk to Terry about some structures and you are home free!
Seriously consider selling the PPOR before the IP's.
I think it may be an idea to sell a property. The tax savings overall may be worth the extra costs incurred with the CGT and stamp duty on repurchasing a new investment property. There are also significant asset protection advantages available if you can set it up correctly.
I am a solicitor based in Sydney CBD. If you buy me lunch one day I will go through it all with you.
Mick – i suggest you take on Terry’s lunch offer… Just shout him some cheap lunch like Kids Happy meal ( no upgrade) ahahha kidding!!
A lunch for expert advice from Terry – Yes please!
Terry, thanks for your offer. We are in Newcastle so may be a bit hard to catch up for lunch :o). appreciate your advice though. Great idea to sell the PPOR. The problem with that is we absolutely love our home and will never move. Took us ages to find the right house in the right area for a price we thought we could manage :o)
Shape, cheers for your HUGE reply. Much appreciated. However I don't understand one bit about the offset account. This is basically how we have everthing set up now. Even with everything setup with the offset account etc we are still forking out a huge mortgage repayment on our PPOR. We have to get rid of the debt.
Another bonus is that when we do sell, the CGT only applies to the profit from when the IPs were valued at the time my wife aquired them through her grandfathers Will.
Emptyvessel, I don't understand how it would help staying in the same situation but with my wife working less. ?? We are struggling with cash flow now so would that not worsen our situation ? Especialy with your next comment. You say to use all the equity we have to buy more property, but with my wife working less, how would this help us ?? Sorry if its a dumb question.
So, after speaking to many people and taking on board all of your replies here, we have decided that the disadvantages of setting up a trust etc, means we will sell the 2 townhouses. Which hopefully will leave us with a mortgage of $100k on our PPOR. We will then look at ways to minimise the capital gain next year by using some of Shape's ideas above.
Thanks again with all of your replies. Keep them coming though as they are all good to read.
I will start a new thread on how to sell IPs without using Real estates to save money on commissions !!
Maybe best to sell one house per financial year to avoid too big a gain.
You might also want to look at selling half. If they are in your wife's name you could borrow to buy half of the property. Put the cash off your PPOR mortgage.
Or sell to a trust.
But it all depends on your view of whether they are long term growth properties. If not the they may not be worth keeping and may be best to get rid of completely.
Hi Mick, seriously reconsider Terry's very generous offer of some non binding advice for the price of lunch. You and your wife are in a great position and perhaps selling right now isnt in your best interests right now. For the price of a train ticket ($10) to the great car park that is Sydney…. From a another Novocastrian…..do it.
Mick- if your wife had the IP from her grandfather’s Will- then from what i understand ( hopefully someone can confirm or correct)
-> CGT is discounted and calculated based on the “Base cost- from the time of deceased acquired” – meaning home was worth $500,000 at time of deceased acquired – 12 month later home is worth $550,000 —- you pay the $50,000 difference in CGT – and it’s discounted at 50% as well since you held it for 12month +
It is a bit more complicated then that and depends on when the deceased died, whether the property was their main residence, or an investment, and even when they acquired the property.