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  • Profile photo of TerrywTerryw
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    Gibbs wrote:
    Or do you refer to building docs and land docs? The land was a private sale nothing to do with the building company, however the land and the construction has been rolled up into the 1 loan application through bankwest if that helps

    You would have to settle on the land first and then settle on another loan for the construction. This will be paid out in stages as the build progresses.

    Check this with your broker.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Aussiefied wrote:
    hi guys,

    – further, those court listings that were presented, there's no guarantee that there's a property behind the court case

    – further if there was a property it could be in the wife's name, relative name, etc

    There is a guarantee. With any property being repossesed the lender would be suing the owner for possession.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Jpcashflow wrote:
    I think every industry goes through this, people want free advice so they can try and do it them selves just to save a couple of bucks.

    What is funny thought as soon as they try and do it them selves they either loose more money and create further problems.

    That $500.00 saving now cost them tens of thousands of dollars in the long run.

    Ha ha. Yes, I had a client come and see me because they signed a contract to purchase property in a SMSF trusteee name rather than the bare trustee name.

    seen another client with multiple trusts all set up incorrectly and the family had structured things completely wrong, It would be costing them $100,000s I think.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Was the $54k deductible? And if son,  will it always remain deductible?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There are 3 ways this could be taxed. It may end up being a combo. It could be treated as capital account unit a certain point and there after on income account. Seek professional addvice

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Under 50sq m?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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     A trust is a separate entity for tax purposes. If the trust owns property and rents it out the rent must go to the trust. You or the trustee will have to read the trust deed carefully and then distribute the income to the relevant unit holders in accordance with the deed.

    This is very complex area, did you get proper advice?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, many of the majors do. But you probably won’t be able to find out by ringing up as you would be lucky to speak to someone that knows what a trust is. Best to speak to a broker.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    A trust does not exist as a legal person so it cannot buy property. A trust is just a relationship between the trustee and the beneficiaries. What happens is a trustee buys a property to be held on trust for the benefits of the beneficiaries.

    Now to answer your question, if a trustee buys property and the individual gets the loan then from a tax point of view the trust will claim the interest and not the person.What you may be referring to is where a trustee of a unit trust purchases the property and the unit holder borrows to buy income producing units. Depending on a few things this allows the individual to claim the loss in their personal tax return. ie it indirectly allows negative gearing in a trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Probably the cheaper course would be better – its not rocket science and big savings there.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Depends on what you mean by structure/. Brokers can advise on the credit side and lawyers on the legal side – asset protection, taxation, succession issues etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Not my cup of tea

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Are you for real?

    How long is your piece of string.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I would say that for the average person 10 properties in 12 months is NOT possible. One, two or a few maybe possible if the person has substantial equity. The most that I have seen, recently post GFC, is 6 over 2 years.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Jude13 wrote:
    Hi everyone. I'm new to your great forum. I'm finding it hard to get my head around equity. I have read that banks treat it just like cash. If so does this amount get deducted from the loan amount or do the banks just lend against it and treat it as security. My wife and I want to buy our first IP. Our current position is PPOR $400,000. Current loan $150,000. Our combined income is $80,000. We have one dependant child. Looking at kicking off our portfolio in a regional area for positive cashflow around the $200,000 mark to start with. It would be much appreciated if someone could explain this to me in very simple terms. Thanks

    Do you really think regional property will be a good investment, even if positive cashflow?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Banks will only lend if they can take a mortgage over the property. If there are 2 people on title then both must go on the mortgage/guarantee otherwise the bank will have trouble recovering the property if you default.

    Although second mortgages are possible you will not find a lender that would allow what you are proposing. There will need to be one loan with both names at the same bank, or 2 loans with both names – then you can work out an arrangement where 1 person treats loan 1 as their portion etc, or 2 loans one in each name with the other person guaranteeing it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Would be good – but has this 'goodness' been factored into what they are asking already?

    watch out for aggregation of stamp duty – not stamp duty on each but on all 3 combined which will be much more.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I would think the value of the building and land would be based on just that – the land value and then a figure for teh building based on the bricks and mortor excluding the business and fittings.

    Valuation of the business would including fittings and good will.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    cs_rlewis wrote:
    I called up the bank whom my loan was with and they said I needed to pay off my loans if I decide to sell my property basically because that was the security that the loans used. 

    True from the bank’s point of view, but depending on your situation you may be able to keep investment loans alive (and deductible) by refinancing these with other loans.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Sure, they would allow you, but would it be deductible? No.

    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

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