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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213
    6_anthony wrote:
    Hi Everyone,

    I was wondering if it is more efficient to put any extra cash I have for the time being straight onto my home loan and then re-draw if I need or whether putting it into and offset account would have the same effect? As far as repayments go, would they be the same if I put 10k into an offset account rather than putting it straight onto paying off a mortgage directly? 

    Thankyou,

    Anthony

    Assuming same loans and rates etc there would be no effect in putting it in. The differences will be when you take the money out

    Offset = no tax issues

    Redraw = New borrowings

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    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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    Sounds like the broker was lying to you about the progress.

    I would say it is probably not possible to get such a loan through LMI. 5 acres will be difficult but the main problem sounds like the house

    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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    Lots of issues with borrowing that much money – what if you or them died? The loan needs to be clearly documented. What if you became insolvent – they could lose their money.

    What if you couldn't give it back? What if you purchased for cash and then couldnt get  a loan

    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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    There is a few ways you could do this.

    1. Borrow money from someone and you purchase (or your entity).

    2. Joint purchase – you and them (or you own entities).

    3. They purchase and you arrange things – a JV.

    You need to be careful about needing a real estate licence for 3.

    You find people who may be interested by talking – they have to hear about it to become interested.

    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 agree – Darryl!

    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 just use price divided by annual rent.

    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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    charlie123 wrote:
    Hi Everybody,

    Over the years I have renovated a number of properties and flipped them  for a quick profit. I am now looking for another project whereby instead of agreeing to purchase the property, I fund the renovations and do a profit share with the vendor. I can see this being advantageous for the vendor because they will get a higher sale price and also for myself because I don't have to worry about finance and all the associated holding expenses. I am looking for somebody who may be able to share their own experiences with a similarly styled deal or be able to recommend a solicitor that would be familiar with the concept and would be able to draw up the agreement with all the relevant inclusions. 

    Yes, these sorts of agreements can be drawn up – what state ill you buy in? Approx $2k for a tailored JV agreement.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    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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    You can only consolidate a loan if you  have equity.

    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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    mortgage free debt free – by the title of that they would want you to pay PI!

    IO loans are good as it will save you tax until you can pay off non deductible debt. If you are paying down an investment property then this is money which could have gone to paying off your home loan which is non deductible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    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:

    I have been reading a lot on these forums and everyone talks about interest only loan structures, I have read a few of austrailan property books and all go against the interest only loans, am I missing something here??

    I would be suprised if this is the case. Can you point out any books in which this is recommended?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    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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    FIRB. See the Foreigin incursions and takeovers Act for foreign purchasers. Or ring the FIRB.

    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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    Don't confuse a mortgage with a loan. The mortgage is the lenders interest secured over the property. The loan is the money lent.

    You can only sell a property if the mortgage is discharged and title released. To get a bank to release the mortgage the loan needs to be repaid in full.

    Interest only acrues daily and is added monthly. So if you have a loan for $500,000 and pay PI it will be slowly decreasing to $0 over 30 years. If you sell after 1 year for $550,000 the remaining balance may be $495,000 – or $395,000 if you made an extra $100k payment. This means you would be left with $55,000 or $155,000 in cash after the sale and discharge of the loan and mortgage.

    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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    You should seek financial advice as you can only contribute a maximum of $25k pa to super and this includes the 9% guarantee. Any contributions are taxed at 15% going in and the income as taxed at 15% too. Once contributed to super the funds cannot be withdrawn until you meet a condition of release such as retirement.

    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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    AM2778 wrote:
    Hi All,

    I have a PPOR, on which i have a separate Loan Account – PPOR LOC. This LOC was used to buy an IP.

    Over the years, the IP has increased in value. I have accessed the increased Equity of the IP by setting up a new Loan – IP LOC.

    Question

    1) Can I use the IP LOC to pay down the PPOR LOC?

    2) If so, will there be any tax benefits for doing so?

    3) Can I re-direct the IO repayments of IP from the IP LOC?  I mean, the increased IP LOC (Separate Loan) be used to service the IP IO repayments?

    4) Can the IP LOC (Separate Loan) also be used for all IP expenses (Council Rates, Water Bills, Insurance, etc)

    Would appreciate if someone can clarify this.

    Many thanks

    am2778

    1. Yes

    2. No

    3. Borrow to pay interest? Possibly, you need to seek advice on this as interest could be denied.

    4. Yes.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    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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    It will probably be transferred at market value as on the date of transfer – stamp duty by transferee and tax by the company payable too. But it is not so simple as you would also own shares in the company and these may need to be transferred as well. Any guaraantees provided on the loans? Directorships?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    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 correct. Your accountant doesn't seem to understand tax!

    If you borrow to buy the managed funds you could claim the interest. But, if they managed funds are sold you could not claim the interest from that point on.

    You may be better off selling the property and starting again..To save a bit in fees, you may want to consider selling to a spouse or a related trust. In Vic spousal transfers are duty free, but not in NSW.

    This is a common problem people get into.

    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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    Some other ways to protect assets are:

    1/ Not to have any

    2. encourage your spouse/parents etc to own instead of you

    3. private loans and mortgages

    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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    Terryw wrote:
    I might have an old wrap kit floating around somewhere. Will have a look over christmas.

    Sorry, I couldnt find my kit. I think I may have given it away to a forum member a few years ago now.

    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 your friend is sole director is can be good asset protection for you is the business goes under, but risky for you as you won't have control of the company. He could transfer money or have the company enter into contracts etc

    A hyrbid trust is one in which there are discretionary aspects and units. The deed could specify capital to the unit holders and income to the discretion of the trustee, for example. However this wouldn't provide any additional asset protection, but probably weaken it. Units are property.

    I don't know what you mean by:

    And to make matters even more interesting, we would like to eventually have all future businesses inject profits/losses back to the same Pty Ltd for tax offsetting purposes.

    Trust can distribute income into a company, but not losses. If the company is trading it could retain income and be taxed on it.

    Purchasing a PPOR in a trust is not generally done as you would lose the CGT exemption and be subject to land tax possibly – 2 taxes where there otherwise would be none. There are other ways to structure with some asset protection. And don't assume trust = asset protection because there are a number of ways this could be attacked, especially in the early years.

    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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    mattliasiian wrote:
    Wow really is it that easy to be misled and have a very bad loan structure? 

    I mean you know of my circumstances max price $300,000 want to buy for PPOR and than eventually turn it into IP after 3-5 years. Hopefully he will help me choose the best loan structure. Is there anything I should look out for? or really important questions to ask? Thank you so much for your advice I am very new to this and I rather ask dumb questions than make a dumb mistake. 

    Yes it is. As a lawyer I see incorrect loan set ups daily. Two main mistakes are:

    1. cross collateralising loans

    2. ruing deductibility of interest – or tax ineffecient loan set ups = losing money.

    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

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