Got myself into a mess - have spent almost a year getting 'advice' with no luck - help!

Discussion in 'Investment Strategy' started by Orion, 31st Aug, 2016.

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  1. Phase2

    Phase2 Well-Known Member

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    What's the difference between avoidance and evasion? I'm not being a smart-alec, I just don't think that the ATO distinguishes against either.

    I thought that as far as the ATO cares (under general anti-avoidance provision of the tax act) if they perceive that the primary purpose of a strategy or structure is to pay less tax, then it's illegal.

    So legally, the best (and possibly the only legal?) reason for utilising a discretionary trust is 'asset protection'.
     
  2. Orion

    Orion Well-Known Member

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    I think the correct term is minimisation (legal), rather than avoidance or evasion.

    The use of the trusts here were not to reduce tax. In fact, with over $100k of running losses already trapped in this DT thanks to these two properties (and the $420k+ of capital losses to add to this if I sell), I'm actually paying much more tax.
     
  3. Phase2

    Phase2 Well-Known Member

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    There's light on the horizon in Gladstone. You just need to be there at night to see the whole sky along the coast glows orange :)

    Even if Adani gets up, I can only see Mackay getting a 'bump'. Lots of new infrastructure in the area already, so it's only the mine and rail at Alpha and the port at Bowen.
     
  4. Phase2

    Phase2 Well-Known Member

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    Ouch. Sorry that's stung you so badly. It sounds to me like you need restructuring and taxation advice and someone who can think outside of a spreadsheet.
     
  5. Simon Hampel

    Simon Hampel Founder Staff Member

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    Sounds like you need to start a business with the trust as the shareholder so you can stream dividends to the trust and soak up some of those carried forward losses.

    Then you need to use the capital you build up in the trust to invest in growth shares/funds so you can get some decent capital gains to offset the capital losses you're carrying forward.

    Doesn't really help you with your short term issues - but longer term, you may as well try and get some tax benefit from it, if you can.
     
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  6. MTR

    MTR Well-Known Member

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    David
    did you sell any of the other properties you mentioned above to help with the shortfall?
    If you have some great gains and you can reduce your overall debt this may help you move forward. I am hoping Syd or Melb and unencumbered?

    MTR
     
  7. TMNT

    TMNT Well-Known Member

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    im of the same view,
    If these people were so good with finances would nt they be doing their advice and making a living off that instead!!!!
     
  8. Spiderman

    Spiderman Well-Known Member

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    I'm guessing they say they do it, not for the money, but because they get a buzz out of helping clients achieve their goals ;)
     
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  9. dabbler

    dabbler Well-Known Member

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    ^^^^^^ This

    re your position.

    Others are having trouble too with Gladstone, but when I look around, it is not a small place, if I was in that position I would probably move there if I had too, I cannot see how it could stay depressed forever. I dare say some may be thinking of buy in all the gloom.

    I think getting good advice is hard, so I think your right, you will have to nut out what you think is best or find someone else. Maybe someone who posts here.

    would your other IP's not balance things out so your almost neutral ? once you sort the trust issues out ?
     
  10. Orion

    Orion Well-Known Member

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    Hi guys. A quick update, the two Gladstone properties will cost me around $36k a year to hold. It's painful, but the only option for the next 12 months.

    I predict (and hope) in this time it will find a floor. Rental stock is slowly but surely being soaked up, down from 1,067 to 1,013 in the last 3 weeks.
     
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  11. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear David,
    one positive thing that I can see is that you are young enough to live through all this!
    Keep your chin up!
    I hope this helps
     
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  12. Inov8ive

    Inov8ive Well-Known Member

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    Sorry to hear about your predicament, its a tough one. My 2 cents: Would you invest in Gladstone today if you were not in the mess you are in? If not, then you should cut your losses, sell the duds and focus your remaining resources on property that is going to get you back to where you need to be. Rule number 1 in gambling is never chase your losses and mining towns my friend- are nothing but a gamble. Offload and move on
     
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  13. The Y-man

    The Y-man Moderator Staff Member

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    @DavidMc

    Sorry to hear. But I believe you'll definitely get through this.

    The Y-man
     
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  14. Orion

    Orion Well-Known Member

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    Thanks Indifference, I think this is the approach. Would like to hold, but (now a few years shy of 40) my plan was to but a nice(ish) PPOR and start a family about now. I thought I'd be well set for this, but the universe had other plans.
     
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  15. mrdobalina

    mrdobalina Well-Known Member

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    That's pretty poor from the advisor firm. Are you able to model the scenarios yourself to determine the preferred outcome?
     
  16. WattleIdo

    WattleIdo midas touch

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    Shack up and have some kids asap. Despite how things look now, you've done really well and will still have some investments and a lot of wisdom when you've sorted it out. 40's is a good time to work and invest.
     
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  17. Orion

    Orion Well-Known Member

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    Yes, that's what I've decided to do.
     
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  18. ramblin72

    ramblin72 Well-Known Member

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    Then losing $36k a year will be the least of your money woes :)
     
  19. Greyghost

    Greyghost Well-Known Member

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    Who's names are the properties in?
    I have not read all the pages but home many other properties are there besides the 2 Gladatone dogs?
    How much equity is in them?

    Have you considered bankruptcy..
    Seriously, $420k in losses, plus costing you $36k to hold each year.
    Have you weighed up the opportunity cost of going bankrupt vs holding for time, preying for growth, etc..
     
  20. MTR

    MTR Well-Known Member

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    David
    Any updates on this. Sell down?