Forum Replies Created
Carl, sounds like a great business idea. But I doubt you will be able to find finance as it would be too risky for the lender.
Do you personnally own any property at all? Does the company own the buildings you operate fomr? ANZ can go up to 100% LVR for commercial loans in some cases.
As for a private investor you could sell shares in the company, but sounds like you want to keep it in the family, which is understandable.
If you are talking about purchasinng another premises to operate from then there may be options – a SMSF for starters BTW the same entity should not own the building and the business.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It could be, depending on the circumstanes.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Twistiswit why is it crazy? You still need to show you can service the loan and without other income you may not meet the requiremets.
As a lawyer and mortgage broker I must say I agree with Jamie. No 3 is not correct. I set up trusts and clients are able to get finance with a brand new structure without any history with no problems – if you could borrow in your own name then you could borrow using a trust structure.
I would be interested to know which bank this was.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
What is MUD? Multiple Unit Development?
Presales is only one aspect, you will also need to meet other requirements. They will look at experience, history, credit report, valuation etc etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Dangerous to comment when you don’t know the answer!
Gifting will result in being taxed in 2 ways.
1. CGT will be assessed on market value
2. Stamp duty will be assessed on market value
I don’t know when this wasn’t ever the case.
There are ways to structure things so that no stamp duty or CGT will be incurred and that is to purchase in as bare trustee for the child. When the child is 18 or over he can then direct the trustee to transfer it to him. Needs to be set up carefully for this to work and you may have issues with financing it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Sounds like you want an investor to come in somehow to enable you to get finance – what sort of security will the investor have. Will there be change of shareholdings in your company? If so what are the stamp duty, CGT, and other consequences.
If you are operating as a sole trader how could this work at all, what would they be getting.
Doesn’t sound practical to me at first glance.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
As I mentioned on somersoft there a many different implications as to which name you buy in. far reaching conseequences which you may not be thinking of. Changing things later will be costly and have further consequences.
You should speak to a solicitor rather than an accountant and you should also speak to a broker regarding the loan consequenccess both now andn into the future.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Neil
I am a solicitor and have done options myself before. It sounds easy, but it is very difficult to get someone to agree to enter an option agreement in general and even harder to get them to accept your terms.
For an option agreement and legal advice you would be looking at around $2k. A contract of sale needs to be prepared and various searches done so it is not a simple process. The optionor wouldprobably need their own legal advice too
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Good Evening everyone, wanted to ask if I buy my 1st property for $500,000 and I put a 10% deposit $50,000 to purchase the property and borrow the rest $450,000 on interest only loan, can I claim back the principal amount of $450,000 as tax deductible? 1. How does that work, do I get to claim that back every year? 2. How much would I get to claim back on $450,000 (my current income is very low only 30k) If this is tax deductible would it even be better long term to not pay 20% deposit for lenders mortgage insurance because with 10% you will be able to claim back more on your tax deductible? Sorry everyone if this question doesn’t relate to investing, I just read an article about this on the train home today and interested me.
Why not borrow the full amount plus stamp duty – say another 80k. Paying cash could mean you are missing out on an exxtra deduction of $80k x 5% =$4000 per year for 30 plus years..
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Generally no exemptions of stamp duty or cgt for transfers between parents and children – other than at death.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
A lender would allow individual loans, but the other owners of the loan would have to guarantee these loans. Which essentially means they same thing – if one doesn’t pay the other 3 are liable.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Steve, would be good to have an active topics button so we can come in and see all the new posts since last time.
I also received a few updates of someone mentioning me in a post – including myself, but when I looked these were posts from 2013.
Overall appearance of the site looks good I think. Like the colour. The font was a bit small but that is easily taken care of (control + button).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The Dark Knight wrote:Essentially my work has a efpos machine i use it as if i've purchased something say $1000 and my boss gives me the money i take it to the bank and put it into my offset account. Its a win for him as soon as the efpos machine gets settled at the end of the night the money is in his account it also has less chance of been stolen by other employees or if we were to be robbed. My CC has a 45 day non interest period i just pay it back on the 44th day and restart again.Will the boss wear the fees? If so and this is a PPOR non deductible loan then it could be a great way to save interest.
If an investment it could be tricky, but as long as you are not claiming interest on the cards maybe ok.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes this is very common and works well for those on one of the professional pacakge because there are no additional fees for the credit card or offset (some lenders).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Speak to your accountant. You cannot contract with yourself, but you may be able to do it indirectly through a company. However this raises other issues -licensing, insurance, tax etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yes, you could do that and yes it may be the way to go. If interest is deductible on the reno loan then refinancing generally won't change this.
But, will you need to pay LMI?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Dyna wrote:Thanks Terryw.I understand there is no way to fully protect my FIL. Rather I was looking for the best way to protect his assets and save him unnecessary tax costs.
At this stage, he is happy to be a guarantor and let me use the equity in his "property" as a deposit.
The gist of it is that I am about to talk to the lenders and I want to be able to advise them "this is how I want everything to be structured." Rather than hope they know what they are doing/will do the best thing by me and not them (not saying they would intentionally do the wrong thing, but I consult to banks and often they receive the most basic of training).
1. With that in mind, is there a best practice loan structure I should take?
2. If it's better to borrow the deposit from FIL, how would I do this, get him to refinance, LOC, etc?
I am definitely in the space of knowing a little bit but not enough to get me started confidently.
Thanks again
It will all depend on your individual circumstances and you should each seek your own specific legal advice.
The bank will have no interest in doing what is best for you but what is best for them – ie taking as much security and as wide a guarantee as possible.
If the FIl wants to lend you a deposit he could do this in several ways, best would be a LOC. But whether he could borrow and onlend would depend on the circumstances.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you are a resident for tax purposes then no change.
If you are a non resident there are big differences. No tax free threshold and the rates start at 30%+. You would also lose the 50% CGT discount.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Complex question involving several different legal issues – do you need a credit licence for example?
Think litigation – the owner of the property and the person behind it. Is it a good idea to get your mum involved?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There may be some private type lenders who will allow this.
Generally there are 2 problems
1. Second mortgage
2. lender nothing you have no money in the game.
Solution may be to use own funds initially and then borrow from the vendor at or after settlement.
Sounds like you may have recently done a course – be careful. This is good in theory but rarely works out.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



