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1. If you do this you will lose the connection between borrowing and investing and in my view you run a high risk of not having the interest deductible. Don't do it without advice. If you do do it then make sure that offset account has no other funds in it.
Best to use a LOC for this very reason. Or put the money back into the loan – some banks do not allow this though. I had some trouble with ANZ recently for a loan doing a small increase.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Subject to servicing still…
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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clintron wrote:Sorry I think I was a bit unclear, I have the ability to borrow funds to build. However as my parents own the land I'm not sure if banks would consider lending to me for the build.No they woudn’t. You don’t have any security to offer. (unless you used o
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The bank can come after all your assets. But unmortgaged assets will take longer to take, I mean property not mortgaged to that bank relating to the loan in question.
But the real advantage is if you are in trouble you could sell one property and keep the other and use the cash released to get you out of trouble.
If you had 2 crossed properties you could sell one but only with the bank's permission as they would need to release the mortgage on the remaining property. To do this they would need a new valuation, perhpas new financials too and they may even require the money released from the sale come back into the loan of the remaining property. This could leave you up shit creek. Imagine if one property had dropped in value….
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
That is understandable. Many years ago someone turned up at my door and serves some court documents upon me. I had judgment against me for unpaid council rates. First that I knew about it. I immediately paid but a judgment for $499 appeared on my credit file for 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
Many reasons why you shouldn’t cross collateralise. Similar to why you should not allow the bank to put your gonads in a vice.
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
Selling off the plan to your dad would be an option. It used to be that off the plan sales were assessed for stamp duty on the value of the land at the date of the contract – ie with no house. Not sure if this is the case.
Another option is an installment contract where your dad pays you month by month over 30 years. It is possible to reduce the tax paid b this method. Stamp duty is payable upfront in Vic I think.
I am not sure about hte planning side.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Just do a google for "veda credit report free" and please report back.
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
See a solicitor. Easy to sue.
You could also have a bad credit rating for the next 5 years too. Get a copy of your credit file and see if the judgment is listed.
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, def IO.
I would try not to use the offset money if you can, try to borrow the lot and then move your cash with you to the second property's offset account to offset the interest while you are living there. Set up a LOC on the first one if you have the equity. And use this as deposit on the second avoiding cross colalteralising the two.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You could do that. Claim half the costs or based on floor area. Part of the furniture may be depreciated too.
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
mkbonline wrote:Firstly I must say this forum has great place for newbie like myself and it has some great property investment gurus !!Inspired by Steve’s book 0-130 properties, I am planning to pursue collecting +ve cashflow properties and then at some later stage buy debt free commercial property, to become financially free in 8-10 years time. I am currently 32.
I own a PPOR and house and loan on my name.My family includes myself,spouse and 8 month bub.
My Current financial state is as follows
Before Tax Income = 130K (myself) + 100k (spouse) [permanent jobs]
Loan Balance = 120K
Savings in Offset Account = 50K
Equity = 340K (current value of the property) – 120K (amount owing on its mortgage) = 220K
Need advise on following
1) Setup family trust and company – Since we both are in high tax bracket, I am planning to set up a company and distribute 100% of investment property income to the company as a trust beneficiary. Am I thinking in right direction? Keeping in mind that I have to buy may 8 or 10+ properties to become financially free and would need loan, should I become trustee or setup a 2nd company and make it trustee (I being the director of the company)
2) Deposit Money – Should I use money in offset account or house equity as deposit for my first IP? Adv and Disadvantage of each option? Can I buy IP on trust name using house equity(house is on my name not trust)
3) Location – I am in located in Sydney West. I am aware of advantages of buying regional property but don't have confidence/knowledge on regional areas. Any tip on which regional areas should I focus on? like in NSW lower hunter valley area?
Looking forward for your advise and help.
You need to see a lawyer to set up the structure for asset protection and a tax advisor for the tax side.
1. Using a trust can be a good idea. Factor in non offsetting of losses against personal income and land tax – 1.6% every year in NSW. How you structure the trust is very important for borrowing, asset protection and tax. Who plays which roles is important. Succession on death or incapacity is very important. Same with the company trustee (never have individual unless only buying shares).Using a bucket company is good. But what happens to the money in that company? If it is paid out as a dividend then people on the top tax bracket will end up paying more tax. If it is left in the company can it be lent back to the trust? Need to consider Div 7a need loan agreements in place and charging of interest – will Div 7a even apply?
2. don’t use money in an offset account. You will be wasting tax deductions.
How will you get the money from you to the trust – gift, or loan? What would be the terms of the loan, how is this documented etc are all important.3. Don’t buy inferior regional property with no capital gain prospects.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
There is aparently a newish building in Sydney which was set up as Company title with one of the reasons being that a shareholder cannot just sell to anyone. Any new purchaser must be approved by a committee of other shareholders. This way they can control who buys into the buidling.
In NSW there would be stamp duty on the transfer. However, stamp duty is due to be abolished on the transfer of shares in private companys from July 1 this year (may not happen).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Derek wrote:Not sure where Terry is up to with this sort of stuff.Last time I looked he was off learning a foreign language and learning how to pole dance but his posts reflect a comprehensive understanding of structures. I reckon he would be worth a PM at the very least.
PS – hope that didn't do irreparable damage to your reputation Terry


Hi Derek, thanks for the mention. I am a lawyer, tax advisor, finance broker and qualified fin planner (but not practicing yet). Also interpreter in Japanese – but a bit rusty now. Given up pole dancing as I am too heavy now.
I can advise on all aspects of setting up structures and asset protection. But not taking new clients for another month while I set up my new law firm, FinLaw…
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Homemade wrote:I am considering investments for positive cash flow outcomes in regional centres where yields are high and vacancy is low. I know growth won’t be there, but something that can return $2-3k a year with “nothin down” in the equation, brick and aluminium windows (low maintenance) etc can’t be such a bad idea?. Stawell is looking OK with crocodile mining suggesting they “may” go to open pit at the mine in town now.Any thoughts or advice?
My thoughts – bad idea.
What is the point in investing without growth. The biggest problem is that this eats into serviceabilty reducing borrowing capacity and uses up deposits which could be better used elsewhere.
Have you factored in costs related to borrowing the stamp duty etc. Repairs? – every 8 years replacing the hotwater service, every x years replacing the carpet etc.
What about rate rises?
Without growth there is absolutely no point in investing. What about shares instead? Some good high yielding shares would achieve a better result. You also get franking credits.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Very hard to get a loan increase to 95%
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The first valuation, was that before you signed the contract?
Once you pay for something that largely determines the valuation. So getting it for so low would mean it is really only 'worth' that much.
Did this valuer provide comparable sales?
Banks can only use valuations if the valuer is on their list and the valuer has been instructed by the bank. Speak to a broker who may be able to use a bank that allows upfront vals such as ANZ or Homeside.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The superfund can get the usual tax breaks. Any loss can be used to reduce hte tax paid by the fund, albeit just 15%. This could mean you fund may not have to pay income tax which can assist in stretching things further.
Once you have found a property and paid the 20% deposit the thing should almost fund itself. You can then use the offset account to accumulate more funds such as the compulsory 9% SG put in by your employer. This will save even more interest and allow you to build up a deposit for the next one quicker.
Or you could get one property and then invest in shares with 100% franked dividends. This would be very tax effective if the fund had $0 taxable income as the franking credits would mean the fund would get a lot of tax back.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
AndyY wrote:Hi guys,Thanks again with all those comments. I finally settled last Friday. I went to used Adelaide Bank this time.
That was closed, Next time I have to be careful when purchasing off the plan property.
Good luck everyone!
Close call!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The risk is two fold
1. Council could order it to be removed
2. It could be unsafe – injury potential
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



