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Viewing 20 posts - 2,101 through 2,120 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I charge $1650 for the SMSF and another $1100 for a company as trustee, but I am a solicitor and include legal advice in relation to the structure of the trust, and trustee company and include BDBN and other succession advice.

    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
    madbray wrote:
    Hi

    Thanks for the quick responses.

    The strategy that I have been taught, through my parents & their accountant, is based on negative gearing & tax minimization. I have implemented this strategy myself and as mentioned in previous post I do have investment homes.

    Furthermore, the accountant that i currently use (same accountant as my parents) has always advised against using trusts, and any other different structures. Therefore, my structure…if you can call it that….is very simplistic….my properties are in my wife's name, or my name…..dependent upon what was best at the time to minimize PAYG tax and potential Land tax consequences. 

    From reading Steve's book, & personal experience,  I now realize that the strategy I am using is potentially limiting in its nature (& long term based).  I now also realize that their are more effective investment strategies for wealth creation.

    My initial goal is to gain a greater understanding of the different strategies that can be used and then review my own situation with an ultimate goal of being able to use passive income from properties to supplement/or potentially replace my work income.

    In order to achieve this goals I am very willing to do my own research and learnings, however, at the same time I would like to work with someone, preferably face to face, who can coach and mentor my wife.

    Buy in own names is still a good 'structure' that works for most people. I specialise in 'structures' and advise most people not to use a trust. BUT depending on the circumstances it could be a good idea to use a trust or a company or a SMSF. All depends on a number of factors.

    BTW, trusts don't help you borrow more either.

    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

    Hi

    I am qualified in Law, finance, financial planning and tax and am licenced to give taxation, credit/loans and legal advice. In Macquarie street.

    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

    If you can service, come up with a deposit and have clean credit then generally no probs to get many loans approved. Tonight I am working on 4 for a client who already has 3 in the past 12 months – 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
    Join Date: 2001
    Post Count: 16,213

    The typical structure is Mum and Dad. Dad buys in his name for short term tax benefits. No thought given to anything else. Cross collateralised with the home. Mum on there as a guarantor – just to add to the worsening asset protection issues.

    But, do you want to be typical? Prob not!

    If you are serious you will be looking at trusts, whether now or future, and whether to own the property or to act as lender or mortgagee.

    But you really have to consider the land tax issues first.

    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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    For tax purposes just consider A and B each own different properties.

    If A is living in it A could claim it as the main residence-usually anyway.

    If B is not living in it then B could not claim it as the main residence.

    If B is not getting market rent then no deductions.

    If sold B would pay CGT on the profits, but this may be able to be reduced with costs not otherwise claimed – such as interest.

    Consider also whether they own it tenants in common or joint tenants.

    What if A dies?

    What if B dies?

    Could A will their share to C? If A died it could be B and C who end up owning – does B know C? What about D? D is C's spouse and they are separating and D put a caveat on title because E told her to. E is D's defacto partner. But E is still married to F. E and F had children but it turned out that G was the father. H was the surrogate mother…

    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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    DerekLangan wrote:
    Thanks everyone for backing up Jamie. Terry I really didn't need to be told not to waste his time…. I think as a potential investor I am able to ask questions and speak to a few brokers before deciding on who to go through, how else would I learn anything? I worked as a travel consultant for over 3 years and do you think I expected everyone to book through me just because they made an enquiry? I really appreciate the feed back people but i don't appreciate being told what to do when I'm only asking for advice. Lets keep this post friendly and keep up the good vibes.

    Sorry to have offended you Derek. By all means have a chat. But there are some people out there who go to brokers get all the advice on how to structure the loans and then you never hear from them again. So have a chat make a decision and just be aware that brokers only get paid on settled loans and they have to give back commissions if you discharge the loan within 12 to 24 months.

    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
    TheNewGuy wrote:
    Thanks Richard, that's an option I hadn't considered. You might have to explain it to me in a bit more detail though, but is it something like:

    Assume I have saved the 10% deposit of a $350000 house. ~ $35000.

    The $35000 sits in an offset account against my PPOR.

    The bank then puts a freeze on the offset account so I can't reduce the balance below $35000.

    The bank creates a loan account for the $35000 that is tax deductible.

    The $35000 in the offset still reduces the interest on my PPOR.

    Eventually, as the IP goes up in value I can release the $35000 from the offset.

    If that's possible, then I'm definitely doing that.

    Doesn't work like that. The offset account is savings and can be drawn anytime.

    If you don't have enough equity you may have to pay the offset into the loan and then reborrow it.

    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 agree that we should have more discussion of SMSF – this is not brought up enough.

    Ivan, it is not a product, but a strategy. Lend your SMSF money and it borrows the rest from a bank.

    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

    Rather risky I think. What if you forget to exercise the option on time – if your exercise is ineffective or defective. Plenty of cases where this has happened.

    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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    The Newbie Investor wrote:
    Hey Guys I am 21 years of age and just read Steve Mcknights book, I am inspired. I want to begin my property portfolio and wanted to ask, if I was investing in property should I set up a business account or trust ?? Because say I had multiple properties it would be safe to not have them under my own name right?? How would I go to start my journey ?? I am going to speak to a broker and also a lawyer for legal advice, but it would be great to know what your insights are on this?? I want to look for positive geared properties and also capital gains. 

    Keep reading the forums. I would suggest you hold off on the advice for a while so you can get better acquainted with the subject.

    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
    DerekLangan wrote:
    Excellent, I didn't realize Jamie was the one you were talking about from earlier in the post but thanks for the referral. I will definitely talk to Jamie before I go ahead with somone else.  

    I am sure Jamie would like to talk to you, but if you are going to go ahead with someone else then don't waste his time.

    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 are you paying interest with the LOC? Whether it is deductible or not will depend on a few things. At the very least you should get some tax advice.

    "Pulling funds out" worries me. Withdrawing from a loan is creating a new loan. The interest on this new loan will only be deductible if the bororwed money is used for investments.. If this is 'parked' somewhere you can lose deductibility. Since it is a loan increase rather than a split this can create further problems by creating a mixed loan.

    If you borrow to repay a LOC this is just refinancing one loan with another so is generally a good idea.

    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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    If it is one title then you would need to apportion your loans accordingly. ie. you can't artificially have all the debt on the investment portion and none of the other portion.

    Check with your accountant about deductibility of interest.

    And banks split loans all the time so you shouldn't have a trouble from this end.

    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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    Not that i know of.

    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 could split the loan on purchase. But you couldn't attribute more than a fair split to the investment portion.

    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 certainly is a risk.

    Speak to a lawyer about priority of interests in land. Generally first registered legal interest takes priority over later interests. But this is a complex area. You would register a caveat on exchange due to you obtianing an equitiable interest.

    Depending on the state and the structure of the option there could be stamp duty on the option at the same rate as the land so get legal advice before doing anything.

    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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    Why a LOC on the property? This could be dangerous.

    I agree with Shape – doesn't really work in practice. Personal loan will be short term, high rates and PI. It will hurt serviceability. It will also be hard to find a lender – not impossible though.

    getting a quick and higher revaluation is also not easy.

    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
    Participant
    @terryw
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    Post Count: 16,213

    Make sure you get legal advice – don't use a conveyancer for this sort of thing as there are many issues.

    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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    mthommo82 wrote:
    I purchased my PPR in 2010 and didnt open up an offset account. I proceeded to pay excess money into the account not knowing there was a difference between redraw and offset. In 2011, I then brought an IP and used money from the redraw facility to pay for the deposit, stamp duty ect. I now read that this redrawing has changed the purpose of the loan. This is a problem for me as it was my intention to move out of the PPR into the IP and claim the interest on the loan as deductions. So my question is can I again change the purpose of the loan by selling 50% of it to my wife? Or can I never move into the IP and just keep it as an investment?

    Slow down there!

    There are a few issues here.

    Firstly you could sell your half to your wife – but many complicated and costly issues.

    But things might not be that bad.

    At the moment you have created a mixed loan – most probably non deductible as it related to the purchase of the house which is owner occupied. This interest may be deductible once you move out and rent it.

    The other part was money borrowed for the new IP so this portion should be deductible.

    But the problem is you are probably paying PI and it is a mixed loan so that would make it hard to apportion.

    I would advise you to immediately convert the loan to IO and maybe even consider splitting into 2 – the redrawn portion used for the investment and the rest. Have the offset account set up on the non deductible portion and problem almost solved.

    Then when you move out asses whether you would be better off selling it to your wife.

    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 - 2,101 through 2,120 (of 16,328 total)