Forum Replies Created
I think it is safer and easier just to pay the GST and then claim it back later. Otherwise the vendor will want to insert a special condition to make the purchaser liable for it if the commission comes back later and says GST is payable – which it could be if it is not really a going concern.
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
DEVILZ wrote:as I stated from the start there is a Split IO loan: $400 K locked and $47 K variable with offset so I can put money there.but $47 K loan and Unit loan $170 K they have same interest rate @ 5.79
If the owners of both properties are the same then it doesn't matter which offset you use as the effect will be the same.
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 is a possibility this will be income tax not CGT.
If it is CG then you may get the 50% discount and that figure is then added to your other taxable income and you pay tax at the marginal rate.
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 could be true in some circumstances. No GST if it is a going concern with a few conditions.
You need to be very careful with the contract of sale.
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 have a lender that would lend to a bankrutp person 6 months out of bankruptcy. Up to 80% LVR, rate is a bit high at 9.35% at the moment, but it is possible to borrow.
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
dvestate wrote:The house will be generating income, my mortgage on the property is 200K, it is worth about 340K and will bring in rent at $400pwIn terms of asset growth I would expect it to be modest over the next 5 years
I
f you were to sell this house that would mean approx $120k cash you release could be paid off the new main residence loan saving you non deductible interest – will you have a loan on the new one?
What state is the old one in?
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
Todd Giles wrote:I have a similar question with regards to the original post and thought I'd chuck it in here instead of starting a new topic.My question,
Assuming they owe around $170000 ( a guess), i'm also guessing that the property would be valued at around $400,000, would it be possible to purchase the property from them for around 280000, 290000. giving them enough money to pay out their loan and also make a nice profit. While also giving me equity once getting the property valued. I would then in turn rent it out to them, but at a rate that would cover IO repayments. saving them more money on what they were paying and giving them the chance to enjoy life a little more. Aswell as making it a at worst neutrally geared IP.
Obviously the figures i've stated are just a guess, but the main question would be, are there any tax/legal no-nos about buying below value and both profiting, parents debt free and extra cash, me my first IP with a fair bit of equity good to go?
Yes, possible. But the points listed above in my post still apply.
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
theycallmeBruce wrote:Haha yes, that's right They Call Me Bruce was a comedy / action movie!Terry – Great to hear your a CTA, and everything else, all the important skills you have to buy and sell properties, so I guess you save on every transaction? So do you have clients you work with remotely, ie use internet comms 100% without need for face to face meetings?
HiBruce,
I can work remotely, but not for the finance part as must meet face to face. For the law side I could.
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 country ?
Cannot be done in Australia.
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
Sounds like the bank is selling it. They are not going to want to get involved in any vendor finance arrangement or an option.
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
Just take it into the LTO and they will register it. It remains in force unless revoked, or is contingent on something.
If it had been revoked then it would be an offense for the attorney to use it and there would be civil penalties and perhaps criminal.
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
bb2000 wrote:thanks shahin ill just wait till my credit file is 100% CLEARED and then ill start investing in property, in the mean time i might invest in a business.It may take 7 years until your credit file is cleared, but having entered bankruptcy will always haunt you.
I would suggest you not hold back, but just plan things carefully.
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
theycallmeBruce wrote:Ralph yes very important to get good legal advice to structure your portfolio, and that I would imagine would be best done 1 on 1Terry, just added 'uses a lawyer' for Active Investor and.. I went to your website, saw your qualifications it looks like you're a Broker, Accountant and Lawyer and can speak Japanese?? That's quite a CV you got there !
theycallmeBruce – I recall watching that movie when I was young.
I am actually not an accountant, but a CTA, chartered tax advisor (and lawyer and mortgage broker and financial planner soon). Also a qualified interpreter, but am getting rusty.
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
princesshayleyk wrote:Great Advice above guys, I appreciate it. Would you suggest looking in to the Trust option ASAP? We have only been in business 7 weeks but it's looking rather promising and we already have plans to expand in the next few months. I have no dramas in spending the money up front if it means saving money and hassle down the track…For a business this is a no brainer. Use a trust with a corporate trustee. But since you have already started there will be a few issues which you need advice on.
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
Jessicahsm wrote:Hi, I have been told to setup a family trust due better (Asset protection, legal Tax minimization as profits distributed to trustees and borrowing capacity as I am thinking to buy more than 4 properties) however i am the only citizen who lives here and all my family lives in overseas and are not Australian citizen, Could someone please point me in the right direction? Many thanks in advanceYou need to seek better advice.
Trust will not assist in borrowing capacity.
Distributing to non residents is ok, but will result in higher taxes being paid. (citizenship is largely irrelevant, tax residence is what counts).
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
mba422 wrote:Terry, after all holding costs are paid, each week the property pays me a passive income of $20 per week.Are you wanting to know if this helps serviceability or hinders it?
It would probably hinder because:
1. Banks assess loans at a higher interest rate, and/or
2. Banks take into account x% of the rent, often 80%
But, it would be much better for serviceability than if it was a negative $20 per week.
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, you can borrow to buy shares and have the loan secured by the shares – often referred to as a margin loan.
Don't know about bonds – it could be done, but I don't know if it happens.
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
Is your situation covered by a residential tenancy act? It may pay to check into this first. See also the tenants union in your state.
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
mba422 wrote:Jamie, say for example I purchase an IP which after all costs nets me $20 per week before tax considerations @ 80% LVR, is this the best possible result from a serviceability perspective.Cheers
Matt
Matt, what do you mean? $21 per week net would be better than $20.
For serviceablity the more income you have the more you can service. The less loans you have the more you can service.
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
bb2000 wrote:Hi all.ive just recently been dischared bankrupt, long story on how it happened maybe for another time.
ok im currently making 100k a year now `and would love to learn how to brake this bankrupt cycle, i clearly understand that i have no way in hell on getting a loan from a bank no matter how much i earn or save.
was wondering if i started a family trust account or maybe a company to buy invertment properties..
could this be done?
i have saved 100k in the past 4 years.
any help would be great.
Many lenders including banks lend to discharged bankrupts.
It may still be difficult though. You could use a trust, but the person behind the trust is assessed and if that is you then it won't make much difference. You will need a clean history person.
There are also other implications to buying in trusts to consider.
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



