Forum Replies Created
Write them a letter and enclose a copy of your valuation. Should be fine.
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 law is study is assessible at market rates. You can challenge the assessment with proof of market rate. Did you get a valuation done?
This has nothing to do with loans so if you want to refinance you will still have to convince the valuer of the new bank that your house is worth much more than you paid for it. Not easy.
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 want asset protection then you should look at using discretioanry trusts and superannuation as your investment vehicles.
But it is not just the type of trust that is important but how it is structured and how it is used. Getting it wrong or messing things up can result in litigation and or loss of assets.
See this recent NSW case involving a discretionary trust – things got a bit messy and a grab was made for the trust assets
Lewis v Condon [2013] NSWCA 204
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
investec wrote:i just get confused a bit …..check it out… does it matter really that your IP is negatively geared or has zero gearing (ie rent equals loan repayments) as the tenant (other people 's money) is paying the loan anyways…. and even at the end if hold for lets say 10years and then sell even at the same price as you bought… you still will make money as most of it was paid by the tenant….are we just being greedy here???!!!!!! INVESTECIf the property doesn’t make any income and you sell it after 10 years for the same amount you had paid for it then you would have lost money – and opportunity to invest elsewhere.
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
To set up as a MB will cost you around $5k to $10k. You then have to find customers!
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
Harmony25 wrote:My major concern is employment, what happens if one of us loses job.?In that case you have to plan for it. What would happen cashflow wise for example – hopefully a rented property wouldn’t be costing you much money per week. How easy would it be for either of you to find a new job, how long would it take for example.
I have a friend with one unencumbered investment property and a main residence at 80% LVR, yet he is terrified of ‘risk’. He won’t invest at all. He only ended up with a new main residence because of moving interstate for work.
I also know people who are buying their 5th property on 90% LVR loans. Much more risky yet they don’t worry (openly any).
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
Harmony25 wrote:My situation is as followsPPOR. Valuation 630k. Loan 360k
IP. Valuation 400k. Loan (separate, different bank) 300k yield 5.15%Combined income gross $190k pa
My question is is it wise to invest in another IP? We are in the late 40s and a bit concerned taking on further debt.
Please share your thoughts.
Thank you
JoeIt may be wise to invest if you think you can make money. You appear to have plenty of income and equity, enough to do some more investing.
What concerns you about taking on more debt?
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
I would suggest you be careful if buying a small studio under 45-50sq m, Harder to get finance means harder to sell which could restrict growth.
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
How are you going to park the $90k?
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
wilko1 wrote:Transferring between spouses would come in handy if one Half suddenly got a pay rise whilst the other stopped working. Terry, Are there rules that say that you can only transfer ownership for estate planning reasons over the obvious tax minimisation reasons ?Hi Wilko,
The ATO has indicated in a few publications that a spouse borrowing to buy the interest of another spouse can claim the interest where the property is or will be an investment property.
But it is easy to get this wrong and not be able to claim the interest. There is a thread on another forum in which the poster was boasting how they did this – but his spouse had gifted her share of the property to him. You cannot borrow to ‘buy’ a gift and claim the interest!
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
PCF Investor wrote:I see. So would it be best to see an accountant and a lawyer at the same time? I guess what I'm asking is where do I go and who do I make an appointment with. To sit down with them, explain my whole financial situation, explain what I'm planning to do and have them tell me my best options? Do you recommend any businesses or services for what I'm asking?You could go and see one person who is qualified to advise in all 3 areas.
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
PCF Investor wrote:Hi Jamie,Thanks for the advice. In regards to the finance person, who would best be able to give me advice on which structure is right for my circumstances? An accountant, lawyer, mortage broker??? All of the above? I'm willing to shell out decent $$$ in order to get my afairs right from the start and to maintain them. I just need advice on where to start.
Cheers,
Only lawyers can advise on structures. Accountants can only advise on the tax aspects. A trust is a pure legal thing – person A promising to hold property for person B under whole bunch of conditions stipulated in a deed.
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
Couples can only claim one property between them as the main residence. THis includes defactos.
Don't forget in VIC there is stamp duty exemptions for transfers between spouses.
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
No minimum time period is specified in the legislation. Must genuniely make the property your main residence.
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 I know about trusts and these sorts of things.
Seems your understanding of these things needs developing. Who told you "must not currently own property" and why? Probably for asset protection maybe.
You need legal advice on the transferring of property to a trust as there are several issues – no asset protection if you get it wrong for example.
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 all depends on the circumstances. Borrowing costs are generally deductible over 5 years but if the LMI is incurred on a PPOR secured loan which is increased to access the equity for possible future purchases then it possibly won't be deductible.
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
Depends on the set up. I would suggest you get some tax advice before doing this.
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
kinderyum wrote:How would the person leasing the property go claiming their expenses from the ATO, if the (residentially zoned) property is being used for business purposes?Normal situation applies. If the expense of rent relates to their making of income it could still be deductible.
Residential Tenancy Act
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. But watch out if the RTA applies
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
Redrawing is treated as new borrowings. If you borrow to fund living expenses the interest will not be deductible and you will end up with a mixed loan. Interest must then be apportioned and it will be impossible to later pay off the non deductible portion first.
Split the loan first.
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



