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  • Profile photo of TerrywTerryw
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    @terryw
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    Captain Capital wrote:
    Hi Guys,

    As the title suggests, I'm sitting on a massive pot of gold, and I really don't know where to go from here.

    I own two properties,

    Tahmoor: 320,000

    Buxton: 300,000 (PPOR)

    Mortgage: 290,000 @ 5.44% ~ 8 years to go. Paying 600p.w + 300 from rent = 900p.w

    Equity: 330,000

    Income:

    Me; ~ 50,000 (Casual at Armaguard)

    Wife: 76,000 (Teacher)

    Rent: 17,000

    Defaults:

    Me: Two credit cards. One for 12000 Just paid in full and one for $1800 will be paid in full by eofy.

    Wife: None

    No other debt. We own both cars.

    Now here comes the clencher. My dad has 9 acres at Tahmoor that will be approved for subdivision into 6 x 1 acre lots and he will retain 3 acres to live on. He wants to sell the land with DA attatched for ~ 1 million and give each of his 4 kids 250k each. But apparantly he will be stung with gift tax.He was thinking of buyiing our homes of us and writing in his will that we inherit them back when he dies. I don't like the idea of this. How can I borrow against a house I don't own?. Will rental income be his income, or mine?

    I've also read McKnights book, and want to go down the Trust road, so I can borrow and borrow and borrow.

    So the $64000 question is "how do I structure my finances to maximise borrowing, and how should I take my living inheritance from my dad?" Pay it into a Trust?

    Peter

    You and your dad should seek legal advice here as there are thousands of dollars in potential savings.

    If you dad were to structure things right he may be able to get a significant tax saving by selling the property now to a trust which then does the development. Perhaps 4 trusts as tenants in common or maybe even 4 trusts and himself as tenants in common. One trust for each child who takes control now or at completion.

    Another option is for him to pay more tax now and leave each child a share in a discretionary testamentary trust at death – greater asset protection and tax savings for each of you after he dies.

    Another option is to get him to do it, sell, wear the tax and then gift the money to each child or into their respective discretionary trusts.

    Many many legal issues to consider.

    That book is not correct on trusts and borrowing.

    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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    Jimmy86 wrote:
    yeah agreed Terry. but we outsource this to solicitors, or the client's solicitor sets this up :)

    Good to hear Jimmy!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    Jimmy86 wrote:
    Terry, Nope. A dangerous financial planner.

    Be careful in setting up trusts including then. You are unlikely to be covered by insurance and could be breaching legal professional acts.

    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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    Jimmy86 wrote:
    Hi Creasy23,

    firstly, $7k is far too steep for set up. We are closer to the $2,200 mark for property set up with limited recourse borrowing ability, legals and fees.

    Your super balance is not the final decider We have both set up SMSF's and helped people invest in property for less. From a lending point of view the bank will take into consideration your (and partners) age, employment, wages and more importantly super contributions. Also the rental appraisals you get done on the potential property to see if it is viable.

    Someone with $70k in super could look at property in SMSF if they earn $150k+, can salary sacrifice and choose a high rental yield property.

    with a low balance in play you almost need to work backwards from finding the property, to then satisfying the lending criteria. If that makes sense. (where as outside of super you might go to the bank, find out how much you can borrow, then go find your investment… you need to find your investment property, get the rental appraisal and then look at finance).

    as a guide:

    At $90k balance with an average income (2 partners working/contributing) I would be looking at low end townhouses possibly… $300 – $320k.

    Jimmy, are you a lawyer?

    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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    jate wrote:
    If I really wanted technically I could drawdown on my equity and place the new found cash into my Offset Account thereby increasing the Offset Account's balance to $160,000 and significantly reducing my monthly interest repayments to the basis of only $40,000.
    (

    You are confused – you would be borrowing $160k to put in the offset, so your repayments would be based on an extra $160k loan too.

    Also you would lose deductibility of interest if you borrow money and place in an offset account with other funds – Domjan case.

    Be very careful about this. I am speaking with a client whose broker recomended this and we are going to sue the broker because of the lost tax deductions. (also another broker has stuffed up clients trusts set ups and was giving legal advice so we are looking at him too)

    Get tax advice – from someone qualified such as a tax agent or lawyer.

    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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    Creasy23 wrote:
    Hi there

    I was hoping someone may be able to help with some of my questions in relation to SMSFs.

    My partner and I are thinking of setting up a SMSF in order to purchase a property. I have heard (and read) lots of different opinions on setting up a fund, with some saying you need as little as $100K, with others saying don't event think about it until you at least have $150K +. Currently we have a combined amount of $90K.

    My questions are:

    • what is the optimum amount you should have in your super before looking into this?
    • is around $10K the average cost of setting up a SMSF? ($7K to set up and $3K for incidentals)
    • if we were looking to purchase a property for around $320K, I am thinking $90K be sufficient to just cover these costs? (set up, 20% deposit, stamp (NSW), closing costs etc) Are there any major expenses we are missing from this equation?
    • If the property is positively geared, are you able to set up an offset account on a loan in a SMSF so that any rental income and future super contributions are able to sit against the mortgage?
    • If over time that property is paid off by rental and additional super, are you able to sell this property and using this cash purchase a property of higher value? (we are both 30 so still have at least 30 years in the workplace)

    We understand that you can't draw down on the equity to purchase another property outside of the SMSF, however that isn't a isn't a huge concern for us as we have already acquired three other properties and can draw down on the equity from each of these for additional investments.

    Thanks for reading through my questions and I look forward to hearing your comments and suggestions.

    Creasy

    I would say you should look at around $200k in super before considering setting one up.
    I set them up for about $5,000 including 2 companies and 2 trusts and legal advice on the corporations law, trust law and SIS act etc. It is my view only lawyers are qualifed to set up companies and trusts. Using an accountant or fin planner is dangerous.
    90K wouldn’t be sufficent. You could be breaching trustee duties if you tie up all the funds in one property. You must also allow for contingencies
    yes, can use an IO loan with offset
    yes the trustee can sell the property and buy another.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    jate wrote:
    TheFinanceShop wrote:
    Good work – create a "superman" account against the PPOR and pay IO. Divert all rental income to the PPOR Offset and then have all outgoings going from that offset.

    Disaster diverted.

    Hi Shahin,

    Doesn't this method breach some taxation law in terms of items which can be tax deductible?

    That is, because this is mixing 'Personal' funds in your PPOR with 'Investment'?

    Regards

    Even better, borrow to pay IP expenses and save more in the offset

    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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    jate wrote:
    Terryw wrote:

    I see so many people who are costing themselves a fortune because of poor structuring.

    Hi Terrw,

    Are you able to advise what is the best way to structure accounts for people where you have a basic portfolio such as the follows and looking to be able to most effectively scale up and grow the number of investment properties whilst still making sure we are maximizing all tax benefits, lowest costs and having the flexibillty.

    • 1 x PPOR
    • 2 x Investment Property

    I'd be interested to hear what combinations of Home PPOR Loan vs Investment Property Loan, Offset Accounts for each or Line of Credit account structure people should be creating. Moreover would be curious to understand how best to operate these. For Example like: place all salary in account 'X', all rental income in account 'Y', all renovation/bills/deposits for new IP from account 'Z'

    It all depends on many things such as if properties owned jointly or solely etc

    generally
    PPOR
    IO loan with 100% offset
    All income and rent to go into the offset

    Equity in the PPOR should be accessed via a LOC. Best not to use a standard loan as deductibility can be destroyed – and I am licenced to give tax advice so I can advise on this = in writing too

    IP loan should be IO.

    As IP grows equity should be accessed and ‘paid’ back to the LOC for a few reasons. 1 is to keep things separate a bit.

    LOC can also be used to pay all expenses for the IP and this will free up cash to pay into the PPOR offset.

    In some situations I may recommend paying off the PPOR. Depends on the circumstances – eg. large sum of cash in offset but no equity. Best not to use the cash to offset but to repay loan and borrow it.

    Also use private spousal loans in some instances to maintain 104% deductibility when there is not enough equity.

    I should add all loans are stand alone with no crossing of securities.

    Existing properties should also be stand alone. If they are crossed you should uncross asap

    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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    Ajax wrote:
    What about using a Pty Limited company to purchase an IP?

    Does this avoid the National Consumer Credit Protection Act requirements?

    What are advantages/disadvantages of an IP held in a Pty Limited company?

    Yes, it would not come under NCCP – but why are you trying to avoid this?

    Major disadvantage is no 50% CGT discount and fixed shareholdings – which could be held by a discretionary trust to get the flexibility.
    May also get a new land tax threshold

    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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    1. You could do this a variety of ways, Joint Venture agreement is one. You or your entity contracting with owner of land.

    2. Yes, if there is a transfer in title

    3. this will be tricky as the land is owned by someone else. Likely that it will be messy.

    I am just advising on a vic JV right now.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    wilko1 wrote:
    When applying at another bank Re 10 plus years ago. Some banks didn't ask on their loan applications if you were guarantor of any other loans. So you were able to bypass them seeing you had given a guarantee previously. Closed loophole now. 

    "Is it still worthwhile setting up a company and trust still?"

    That's why you should should seek financial advice 1k plus in advice could cost you a lot less in the long run.

    Wilko, this was never a ‘loophole’. Many Lenders still don’t ask about other loans guarantees.

    A trust is a legal arrangement so financial planners cannot advise on trusts – or companies. This is legal advice which can only be given by a lawyer.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    tom123 wrote:
    hey gobi,

    you can go to the banks external dispute resolution scheme. which would either be..

    http://www.cosl.com.au

    http://www.fos.org.au

    hoped this helped.

    Tom, these organisations cannot assist as this is not a dispute between a lender and a borrower but a priority dispute over title to a property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    I bet you used a conveyancer?

    Mortgagee in possession? Who do you think would have priority?

    You maybe able to sue your conveyancer…

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    None of the above. The trustee of the fund is the borrower. The trustee may use a broker, but not an accountant unless they have a credit licence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    jmsrachel wrote:
    Hi Hari17, I can recommend you Jamie from Pass go Loans. Currently using he's services and cannot fault him at all, and very prompt. He's based in Sydney and i am in Melbourne and i find it easy to email him documents required rather then having a broker come to my place.

    Joe, I think Jamie is in ACT isn’t he?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    $50k is way too small an amount in my opinion. ASIC recommend $300,000 i think.

    1. Would probably be a breach of the rules.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    The power of compounding.

    Imagine if you could save an extra 0.1% off the loan and structure things so you can get an extra $5k pa in tax deductions and use the offset account.

    I see so many people who are costing themselves a fortune because of poor structuring.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Trusts can improve borrowing capacity in another way.

    e.g You own a house in your name. High growth and then you suffer a default – something innocent. You apply to a bank but they won’t allow you to access the equity. You wait 5 years to get back on track.

    or

    You are director of a trustee company which owns the property. as above you suffer a default. You resign as director and put in your spouse who has no defaults. Loan is approved because you are not involved in any guarantees or assessments (depends on how the trust is set up).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    sydneyinn wrote:
    Thanks Terryw, I suppose it sounded too good to be true… is there any truth in what Steve has written about using Trusts to purchase properties?

    Is there any possible way to do what Steve is alluding to?

    Thanks.

    Yes. Have different people behind each trust. You may be behind one and then your spouse behind another. Needs careful planning.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Kade wrote:
    Its with her sister, we are getting her name on both so that we can use the equity.  

    That is good, but it will incur stamp duty, legals and a new loan. Also the sister will need to go on any loan to access the equity

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