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

    Terry is correct and only Financial Planners can provide you with a plan to move forward with your wealth creation.

    Cheers

    Yours in Finance

    Not really. Financial planners can provide a financial plan covering financial products, if they are licensed to give financial advice. If the advice relates to something which isn’t a financial product then it wouldn’t be financial advice – such as property. Anyone it seems can provide advice in relation to property – including property plans relating to wealth creation from property. Shares, super, margin loans etc would be financial advice and could only be advised on by planners with an AFSL or who are an authorised rep of an AFSL.

    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

    Borrowing from parents? (Lending from is grammatically incorrect isn’t it?)

    You should get legal advice before you do anything as there are many issues.

    1. You should document this, whichever way you do it. What if a parent dies and then there is a dispute over whether it was a loan or a gift = litigation.
    2. For tax purposes you should have a commercial loan agreemnt
    3. What are the tax consequences to you and the parents
    4. What are the centrelink consequences
    5. Wills – shoudl the loan be mentioned, forgiven etc?
    6. Cashflow. What if a party dies mid construction, how do parents get money back? How would you pay back in a hurry if need be
    7. deductibility of refinancing this loan down the track.
    8. bankrupty – the risk for your parents if you cannot repay
    9. Security – shoudl the parents take a second mortgage over your house?

    etc

    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

    You may need advice from different people. Only lawyers can give advice on structures and only those with a credit licence can give advice on loans and credit. Only registered tax agents and lawyers can give advice on tax matters for example.

    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

    You may be able to use these expenses to reduce the cost base and thereby CGT>

    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

    There is a benefit to cross col – to the bank not the borrower.
    The bank will have more security than it needs and will make it more difficult for the client to leave – whether refinancing or selling. This will also allow them to reassess you at discharge time and to decide whether they think you are a risk or not.

    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

    https://www.propertyinvesting.com/topic/4991056-cross-collateralizing/#post-4991058

    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

    No pros only cons

    Major one is when you go to sell one of the properties the other ones will need to be valued. This can cause all sorts of dramas relating timing, re-assessment of loans and requirements to pay down remaining loans (maybe reducing non deductible loans). I have seen one person who sold a property yet could not settle because the remaining property had dropped in value and the proceeds were not enough to settle. He could not settle on the sale property because the bank refused to release. Sale fell thru and he ended up bankrupt.

    Another client approached as he had quit work and was living the life retired early. He needed to sell one property to free up some living expenses and pay down debt. Lender required all funds to be paid into remaining loans – this naturally hindered his retirement and he needed to either work or sell more property to get those living expenses.

    Fix it now while you still can.

    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 fully agree with you but Chris doesn’t have any non-deductible debt (at least not a PPOR) and neither did I say he should take out a P+I loan.

    The main idea behind my post is to lower your interest payments and to differentiate between IO for negative gearing (where the aim is to not lower your interest payments) and P+I or IO + Offset account (where the aim is to lower your interest payments and increase your equity in the property).

    Thanks
    Andrew

    Ok thanks Andrew. If no non deductible debt then it may be worth considering, but the IO with offset can have some advantages too.

    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

    Super Andrew, I disagree too regarding the PI loan on positive properties.

    If anyone has non deductible debt they are basically throwing away money if they are paying PI on an investment. This is because the extra money paid is decreasing tax deductions and that money (and the tax saved) could have been used to pay down the PPOR loan sooner.Compounding this would be very costly.

    Other reasons too – cashflow, save achieved with an offset, ability to buy more properties quciker etc

    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 purchased my ppor which was leased for 18 months before we moved in. We have lived here for 8 years and are thinking of selling. Is there a cut off time for CG?

    9.5 years of ownership, approx 20% rented so approx 20% subject to CGT.

    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

    Well there may be various things he can claim to lessen the pain – stamp duty, rates etc

    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 specialise in trusts as a lawyer and mortgage broker yet it is not the norm with my clients either. Possibly 20% of my clients use trusts to own real property.

    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

    Yes it would be a CGT event. No exemption if it wasn’t his main residence. And if he is a non resident then no 50% CGT discount any any gains made after a certain date (last year I think). He should seek tax advice as you should too.

    He may also have to pay tax in his home country.

    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

    Most depressing post ever lol but definetly something that should be spread around. Is it true that if you get divorced they can get some of your super as well?

    Death is a fact of life and I deal in this area everyday so I guess I am used to it, but don’t find estate planning around death depressing. I’ve seen a lot of problems arise which could be been easily avoided.

    Divorce = yes

    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

    You should consider land tax from the get go, not once the threshold has been reached. It is difficult and costly to change land ownership later so plan ahead and minimise the pain.

    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

    In QLD land tax is generally not chargeable to an individual if they hold land which is valued less than the threshold – which is currently $600k. THis is land only within QLD and doesn’t include the main residence.

    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

    Why wouldn’t they be invalid. First one is grammatically incorrect and ambiguous – what does it mean – do you need an engineer just to confirm that the trees are removed?

    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

    I do a bit of mortgage broking in addition to being a lawyer. My office is in Macquarie Street Sydney CBD.

    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

    Whereas if I have my current home in a Trust then that debt would only count against my lending for that one bank I have the mortgage through and not through other banks. So for example now i have a $300,000 dollar mortgage, and they will only let me borrow up to 560k then i only have 260k to play with no m

    This is not correct.

    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

    Not really Jac – redraw can be done without permission with most banks.

    The main issue is the tax consequences as redrawing from a loan = new borrowings for tax purposes.

    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 - 2,001 through 2,020 (of 16,328 total)