Accountant for Forming a Company or trust to buy a Property

Discussion in 'The Buying & Selling Process' started by James Baker, 6th Oct, 2017.

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  1. James Baker

    James Baker Well-Known Member

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    I am not going to live in it for the first 5 years for sure
    I will just stay for a few months just to satisfy the PPOR requirements to save Capital gains tax down the line

    So for 5 years I am renting it out
    Under these circumstances what is the best option?

    Cheers
     
  2. Blacky

    Blacky Well-Known Member

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    If you're looking for a tax deduction I'm happy to offer a consulting service to you. Shoot me $10k and I will put the invoice together. Happy to invoice quarterly (or better...monthly) going foward and you can be sure to get your tax bill way way down!

    :D:po_O

    Blacky
     
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  3. James Baker

    James Baker Well-Known Member

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    I wish I could!!!!!

    Cheers
     
  4. James Baker

    James Baker Well-Known Member

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    Gist of what I gathered till now

    Buy the property only in my name
    Take an unsecured loan of 100k which the wife has saved and pay her an interest of 12% PA on it
    As she is in the minimum tax bracket, substantial savings in overall tax.
    Use the losses in the IP to offset taxes on my income

    Continue with this arrangement as long as the house is rented

    The moment I start living in the house, repay Wife’s loan and also gift her half the house free so no stamp duty payable .

    Is there anything I have missed in this arrangement, or is not legally allowed ?

    Cheers
     
  5. Trainee

    Trainee Well-Known Member

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    if its really your dream home, live in it. you want a better tax outcomr now, rent and buy ips.
     
  6. James Baker

    James Baker Well-Known Member

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    It will be my dream property only after the suburb has matured.
    I am not renting it out solely for tax saving purposes but out of compulsion
    The tax benefit is an added bonus

    It still has rough edges and I am hoping in 5 years it will be a much better place for me to live in
    So I am killing 2 birds with 1 stone

    Enjoy the negative gearing for 5 years and move in when the time is right

    Cheers
     
  7. Trainee

    Trainee Well-Known Member

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    and if you have more money to buy a nicer place in a few years? you make 180+. you can save. not very hard for you to afford some ips.

    mixing ips and your own home is an emotional mistake.

    you have more than one stone. look for your dream home, and investments separately. trying to kill two birds with one stone risks both flying away because you miss.
     
  8. James Baker

    James Baker Well-Known Member

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    I am already spreading myself thin

    I am buying this property and along with it I am also buying another property of 600k an an IP to take the full advantage of the stamp duty rebate and 10K FHOG as a first time property buyer

    So after paying emi for 2 properties, I will not have much savings

    Cheers
     
  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Bloody oath!
     
  10. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes
    Part IVA
    Is it her money?
    Mere Staying in property won't qualify for mre
     
  11. James Baker

    James Baker Well-Known Member

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    The 100k is wifes money which she has saved over the years
    I have saved 200k over the years
    But we always had a joint account, so the 300k are lying together
    I hope that does not pose a problem

    What is “mre”

    Cheers
     
  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Joint accounts - how can you borrow your own money = problem

    main residence exemption.
     
  13. James Baker

    James Baker Well-Known Member

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    I will close the joint account and open individual savings accounts for both of us
    I will take my 200kand she takes her 100k

    Later on when I need the money she will transfer the 100k to me by cheque as loan

    There is a paper trail of her salary income and gift from her parents over the years in case it is asked where she got the money from

    Can this work ?

    Cheers
     
    Last edited: 7th Oct, 2017
  14. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    This is the sort of thing you need legal advice on.
     
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  15. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Agree. So many get it wrong and so often their insurance won't cover it. It is legal advice. If an accountant wants to provide structuring advice then they should become a lawyer.
     
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  16. James Baker

    James Baker Well-Known Member

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    Hi there

    I am thinking of buying a property in the auction this weekend.

    I was wondering if I should get tax advise in terms of what I need to be entering in the contract before this weekend or can I get advise after the weekend as well and make modifications to the contract I sign immediately after buying the property

    Still confused on buying in 1 name or joint or form a company

    Is the name I give when signing the auction sheet, cast in stone, or it can be modified before the final sale papers are drawn up

    How does it work ?

    Cheers
     
  17. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    That is legal advice - there are various consequences to entering a contract and then deciding you want a different entity to settle. See a lawyer before the auction.
     
  18. James Baker

    James Baker Well-Known Member

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    Hi Terry

    I did get some advice previously and was asked to write in
    "Name of person 1 and/or Nominee"

    Is that good enough to be changed to any structure later on ?

    Cheers
     
  19. DaveM

    DaveM Well-Known Member

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    Possibly not if the nominated purchasing entity did not exist at time of forming the contract. A double stamp duty event may occur.
     
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  20. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    no