Forum Replies Created
What about taking an option to purchase the property – may be hard to do.
When entering contracts you must consider what will happen if things go wrong. You can set up a corporate trustee for your unit trust and this company will enter the contract. If you cannot settle for whatever reason then the company will be sued, not you. But many vendors insist on personal guarantees from directors – some don't so it may depend on how smart your vendor is. If there is a special condition for a personal guarantee you can try to have it removed too. If this is no possible then make sure there is only 1 director of the company.
Getting bank finance is different. They will insist on guarantees from all directors of the trustee company and probably all unit holders of the trust. You must also generally get the lender's permission to change control of the company or to transfer units in the trust. Failure to do this may be a breach of the mortgage conditons which could result in the lender asking you to repay the loan in 30 days or so.
Limited recourse is where the lender will only take the security property and not ask for personal guarantees. This is very hard to secure, especially for smaller loans. Even Allan Bond had to give personal guarantees.
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
BrentL wrote:Thanks for that Jamie M

As for the property, I should have specified that I am looking at a student apartment in Brisbane which rents at $270-$300 a week. Without going into all the fees and costs associated too deeply yet it appears that it will be positive cashflow as long as it has a reasonably low vacancy rate
In that case you may need higher deposit, 20 to 50%. Are they serviced apartments and/or smaller than 50m2?
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 also suggest a IO loan with offset. Best to avoid a LOC – these should only be used to access equity.
It may also be best to avoid paying a 20% deposit as this will mean less cash for your non deductible PPOR loan down the track.
You could borrow 20% off family, then wait for capital growth and pay them back by borrowing against the equity in the property. This way you will have 100 or 105% finance based on the original purchase price and still be able to avoid LMI and maximise deductions down the track.
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
b.a.1989 wrote:He doesn’t get any rebate.
The propery business uses a call option on the contract so they deal with all the paper work, he just signs and provides pay slips so there might be a rebate but he doesn’t see it.The interesting part is my uncle’s solicitor said it’s legal and very smart???
That is interesting because the law society of NSW has advised solicitors not to participate in any schemes involving a rebate.
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
What do you mean by 'equitable access'?
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
b.a.1989 wrote:just an update.I’ve found out that price on the contract is actualy $510k and not
$420k but his bank loan amount is $420k.
He said the bank has valued the property at $510k but he doesn’t know how the discounted amount was used for the deposit. He doesn’t care as long as he only owes $420k, gets the property without paying and fees or deposits.This amounts to fraud if it is being done to deceive the bank. It probably involves the vendor rebating part of the purchase price to the purchaser. From what you have said the bank is probably unaware of the rebate being involved.
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
Firstly just because you call them contractors doesn't necessarily mean they are contractors. You need to get some legal advice on this and then conisder how you are going to contract with them. Terms of the contract and contracting entity etc.Contract or employment agreement with each
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
Cash basis or accruals? It is generally when you get paid, but not always.
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
Freckle wrote:ROFL….Japan’s Vacant And Abandoned Houses: Visions of Detroit
The Ministry of Internal Affairs and Communications surveys vacant houses every five years, splitting them into two categories: houses that could be rented, sold, or used as secondary houses; and abandoned houses. Over the fifteen years from 1993 to 2008, according to the most recent survey, total vacant houses ballooned by 72% to 7.57 million. They made up 13.1% of all houses nationwide, the highest proportion ever. Vacant but still usable houses increased by 63% to 4.88 million. And abandoned houses jumped by 91% to 2.68 million.
It’s not just in small towns suffering from depopulation, as the young migrate to urban centers. Over the decade through 2008, the number of abandoned houses in Tokyo jumped 60% to 190,000; and in Osaka 70% to 180,000! That was in 2008, before the financial crisis slammed into the housing market. Since then, the abandoned-house phenomenon has gotten worse.
JGBs Suffer Worst 4 Days In 10 Years As Nikkei Tops 15,000 First Time Since Jan 2008
This is what is going on in JGBs… JGBs were able to rally since smart money was hedging significantly (and not selling) but once the initial clusterf*&k exploded after the BoJ meeting (and protection costs soared), it seems clear that JGBs just became far too expensive to hold given their risk and so protection was unwound and positions were reduced… which is why we are now seeing JGB yields jumping…
Russia's Plan For The BRICS To Dismantle The Dollar System
The goals are clear. In the section titled “Strategic goals,” the first point on the BRICS’ agenda is the reform of the world financial system in order to make it “fairer, more stable, and more efficient.” In the later chapters, it is spelled clearly that this “reform” is actually a dismantling of the dollar system.
The problem with delusional optimists is they're usually the last to see it coming.
Of course this will all end well……
Interesting about the vacant houses. My mother in law owns a terrace in Osaka and its been vacant for 7 years. 10min from Osaka station. MIL’s sister also owns a terrace next door vacant for 10 years +. I ask them why not renovated and lease out and they say it would cost to much for the little return. Not worth it.
However, in general I think things are beginning to pick up in Japan. The main problem was a lack of confidence I think. But now people are starting to see some economic hope again. This may lead to move spending and this would stimulate the economy…
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
New residential property is subject to GST. New includes property constructed or substantially renovated in the past 5 years.
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
Setting up a discretionary trust is only a small part of an asset protection strategy.
you have family members on different incomes then there are a few strategies you could use to save tax.
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
You would find cgt calculated at market value. Loans are irrelevant for cgt.
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
You will generally be taxed on your percentage ownership unless there is some other trust in place.
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 only you had used a unit trust
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
What is the purpose in wanting to do this and is the other party a trust or an individual?
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
Ailime wrote:Hi allMy sister & BIL are thinking of upgrading their current PPOR (let's call this PPOR 1 and its corresponding home loan as Loan 1).
They were suggested by friends (who have done and are doing it) and their accountant to do the following:
– Turn PPOR 1 into IP by renting it out.
– Redraw the equity from PPOR 1 and use the money to (partially) fund a new PPOR (let's call it PPOR 2).
They were told by their friends and accountant that by turning PPOR 1 into IP, the interest of the redrawn fund from Loan 1 becomes tax deductible (with the reasoning that Loan 1 has become a loan for an IP).
Is this correct?
Can turning PPOR 1 into an IP and use the equity of Loan 1 to fund PPOR 2 = making the interest of Loan 1 become tax deductible?
My understanding from reading what TerryW, Richard, Jamie, and other experienced investors here said before is that the deductibility of interest depends on the purpose of the use of money.
In their case, the money is used to fund PPOR 2 (ie. a personal use). Therefore, the interest from loan 1 is not deductible – despite the fact that loan 1 is now linked to an IP.
Did I miss something?
If my understanding above is correct, is there any publication or link to ATO website that I can use to point them to an accurate information?
What will/can happen if they follow their friends' way?
Please help!
I wish to prevent them from getting into trouble.
Thank you so much.
This is basic tax law, s 8-1 ITAA 1997. Interest would be deductible to the extend that it relates to money borrowed to purchase income producing assets.
Your accountant is wrong.
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
Oh, maybe it is your trust as tenants in common with another person or trustee?
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
There could be several methods to structure this. One I like is using a discretionary trust. Money can be gifted and borrowed back. Later this loan could be refinanced and 100% deductibility could be maintained if done correctly. In addition tax and asset protection advantages would be possible.
Also make sure you obtain the permission of your mortgagee if knocking down their security property.
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
When you say a 50% share, do you mean there are units issued? Or are you talking generally? because beneficiaries cannot have shares in a discretionray trust – otherwise it would not be discretionary.
If the trust is a unit trust this opens up a range of opportunites for you.
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
god_of_money wrote:Hi Terryare u talking about purchasing property under DFT and can be transferred to SMSF in the future without stamp duty?
Very interesting concept
Hi GOM,
Nope, if you buy under a discretionary trust it would be impossible to transfer to a related SMSF.
But if you were to set it up under a unit trust then it is possible to sell the units to a SMSF down the track. This can be done without stamp duty in some states. It can also be done without breaching the SIS Act or regulations.
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




