Forum Replies Created
Have you got a credit licence?
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
why would someone sell something for 60% retail price?
When you sell property there is generally a 10% deposit and the rest is paid at settlement. And you cannot get access to the deposit generally.It sounds like you are wanting people to pay up front, but not get legal title until 2 years later. Don’t think many would be prepared to risk that.
You could set up some sort of managed investment scheme where the client lends you money and you develop with them taking a mortgage over property. But you would need to own it outright.
If you are raising money from the public this will be very costly to set up.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
wow you are keen
best to make you money in business and to hold it in property – perhaps.
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 full duty would apply.
Mortgage discharge and registration
loan application fees
conveyancing fees.
CGT needs to be consideredTerryw | 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
That is $3.6mil per year. If you receive 10% pa return on your capital you will need about $36mil in unencumbered assets.
To do this you could save $2mil per year, or buy $72mil worth of property and perhaps sell half and use the proceeds to pay off the rest.
How could you spend $300k per month?
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 don’t know about commercial loans with offset accounts but how will you get the cash into the 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
You should contact a valuer.
Keep in mind, it could be totally exempt though.
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
which country are you purchasing 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
You shouldn’t take legal advice from friends. Speak to a lawyer and find out the implications, costs and then consider whether you should transfer the title to the trustee of a 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
Only lawyers can set up trusts legally – speak to a structuring lawyer.
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
That makes it hard as there are only really two investments out there – property or business and the way to invest in business is via the purchase of shares…
Perhaps look at the different ways to structure your investmnets.
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 could use the 6 year rule on property A (providing it meets the other requirements).
But because the absence has been longer than 6 years it will not be totally CGT free. BUt a large chunk of it could be.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 am not sure why it is confusing.
Serviceability is worked out based on a set of criteria which means an IO loan will be treated more harshly than a PI loan assuming the same loan length.
You will still have to prove serviceability with additional income.
This is the same whether you buy a bargain or overpay for a 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
I don’t think any state govt department would be endorsing any sort of legal documents. An irrevocable poa might be solid, but it could still be revoked on equitable grounds – such as undue influence, duress, fraud etc
There was a recent case involving a binding financial agreement (prenup) which failed because the husband basically applied undue pressure to the wife by pulling out the doc a few days before the wedding and saying sign this or the wedding was off. This sort of pressure was unreasonable so even though the document was legally valid, it could not be enforced.
Something similar could happen with a POA.
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
Lenders look at their notional cash flow figures based on PI loans, on remaining loan terms, usually at around 7%pa.
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
Are you a spender or a saver? Generally it would be better to get the tax savings every paycheck, but not if you are a spender perhaps.
If your estimated deductions are enough you won’t have to pay any tax, but you can’t just go making up figures to artificially reduce the tax paid through wages. If you do there could be penalties imposed.
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
won’t that reduce serviceability in the short term (12-18 months)?
DeepakNo it will improve
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 the cash flow consequences would be entirely different, but here we were discussing serviceability. The lenders will treat any IO loan as if it was a PI loan.
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
Its just a question of which will grow faster?
You will need to make some educated guesses.
Can you add value to the house that you can’t to the unit – granny flat potential, extension, converting room into bedroom etc.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
Benny – the maximum available IO period is 10 years now but the loan term maximum is 30 years so it would be a 10 year IO reverting to 20 year PI.
When assessing this the banks will assume it is a 20 year PI loan as the IO period is disregarded.The only way a IO loan could be better for servicing than a PI loan is if the remaining PI is short
example
Existing loan is PI and has a remaining term of 20 years
The borrower refinances and gets a 5 year IO/25 year PI loan.
Since the new loan has a longer PI period the servicing figures would be better than the existing loan.
But if the borrower went 30 years PI it would be even better stillTerryw | 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



