Forum Replies Created
- weiky123 wrote:What about deposit (not membership fee) not being refunded when finance isn't approved? Does it fall under ASIC or ACCC?
No. That would be a breach of contract. Department of Fair Trading may have some jurisdiction
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
Were the borrowed funds used to buy the house? If so the interest on the loan may be deductible if the house is rented. So it may pay to move out now and rent something cheaper so you can quickly save some tax.
At the same time speak to a broker about refinancing. It should be possible to get a lower rate at that LVR.
Selling is an option, but what do you think of the long term prospects for the house. Is it likely to increase in value? If not then there may be no point in keeping it. If it could increase then would it increase at a rate faster than what you are losing each month?
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
Buzzer wrote:Hi All,I just thought I'd give a quick update on what I've been up to. I arrived back from Florida just over 3 months ago and have been trying to find the time to write this update, but haven't managed to find time until now!
I spent about 4 weeks in Florida, most of the time in Jacksonville. A little time in Gaynesville, Miami, Captiva Island and of course Orlando (to keep the kids happy). Unfortunately i didn't get to spend time in Cape Coral / Fort Myers where I was hoping to have a look around and meet Cheeves. Maybe next time?
Anyway, after almost going crazy trying to work out what was the best thing for me to do – what type of property to buy, where to buy, even – should I buy? I decided that I had to take the plunge, otherwise I'd be back in Melbourne and the whole project would just end up in the "too hard" basket, like it did 6 years ago after my trip to Texas.
We eventually bought a property in a lower priced area of Jacksonville – not a war zone, but certainly not the best part of town. It seems to be a lower working class type area. It's on the north western part of town. We came across a bloke who was looking to sell one of his properties, so decided to buy it from him. It's a 2 bedroom weatherboard, built about 1950 I think, that was recently re-habbed. We paid $34,900 for it and has a tenant in there paying $650 per month, so just over 22% gross return. We had a plumbers bill in the first month for $60 for a blocked drain, which seems to be a common problem in the US for older houses – apparently the old drains are smaller than they need to be and are built from some cement fibre type material that is prone to tree roots growing into them. We've been told to update the drain would be about $500, so that's an option if it keeps causing problems. So, at the moment everything seems to be going along okay.
We tried to open a bank account over there and were unable to do it. I'm not sure how other people have done it because we were told by two banks that we needed social security numbers, or evidence of a permanent address in the US, or a work visa, or something similar. So we are now having our property manager pay the rent into our Paypal account, then transferring that to our bank account. It seems to work well. I don't know if there is a better way of doing it, but that's what we've got at the moment.
We bought the property in a Land Trust, which seemed like a much easier and cheaper option than an LLC and seems to offer some asset protection as well. But I think an LLC would be good, then it could be linked to our Australian Family Trust and then the income (and future capital gain, if any) could be offset against other properties in the Trust. Anyway, that all needs looking into a bit more in the future. I'm still not sure how to go about doing all that or what costs are involved.
So, that's about it for the moment. Any comments, help, criticisms are most welcome. A sincere thanks to you all for your earlier replies to my posts and for showing an interest in what I was doing and for the advice that was given.
Phil
Thanks for the update Phil. Could you please explain a bit more about the 'land trust''? Do they work like Australian trusts? Discretionary? Who is trustee 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
lisainmelbourne29064 wrote:Hi Jamie,Since I purchased the house in 2008, the market commenced dropping and the last year has been the worst by far as the growth is now in the negative.
If I sell the house for the same figure I purchased it at, when I repay the loan and pay the agent fee I will be facing a loss of at least $33,000.
I have enough funds to keep the property though with the growth going backwards, I'm finding it difficult to find reasons why I want to keep pouring money into it. I wanted to post to make sure I'm not missing something as the advice offered here has always been good.
Cheers
Lisa
You have to make 3 assessments.
1. Is it going to increase in value? If not then there is no reason to keep holding.
If it is then,
2. Can you afford to keep holding and/or
3. could you sell and make more money 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
Yes you can, but why?
Problems:
little asset protection
stamp duty
CGT
legals
Need to discharge loan and reapply
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 will offer you an option to buy it for $1.
There are 4 other Sams on this forum trying to sell the same pack.
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
PEACHY wrote:Sooo just had lengthy conversation with plumber number two.
Definitely is a hot water leak and he said that it is leaking at around 1L per 10s. Said that he may have been able to detect a hot spot if the water was still running but as there is a valve that the plumber installed yesterday to enable the tenants to shut off the water in between showers it isn't obvious now.
There are two options he has given:
1. Turn the hot tap on for two to three hours to hopefully find the hot spot which could take up to two hours. Then isolate and fix with worst. Ase scenario around a days work at approx $1000 and the need to use a cement drill which also sprays water inside or
2. Reroute at ball park $5000 – $8000 with proper quote to come. Labour around two days.
Better than yesterday. What would you do?
Cheers
1 litre per 10 seconds is huge. If they can isolate the leak it would be cheaper and better to go with option 1, but I guess there is a chance they may not be able to pin point it.
Did you check to see if your insurance covers 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
If you set up a unit trust with your daughter as unit holder she would have to pay tax at 66% on her income from the trust. The trustee would have no discretion not to give her income.
Also, lenders require all unit holders to guarantee the loan. So I am not sure how they would treat such a situation. May not be possible to get finance at all.
Trusts are extremely complex legal relationships so you have to expect things to be not so 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
You sound confused.
If you wife buys property you cannot claim the interest or any deductions – or anything.
If you buy in a unit trust you cannot claim anything either. If you borrow to buy units in a unit trust then you may be able to claim the interest. Is your daughter a minor? This will complicate things.
To set up a structure like this with proper advice you are looking at a lot more than $250
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
Whats your plan?
Probably best to borrow money for it as it will be income producing.
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
Take great care. If the trust is not set up properly then only a small portion of any interest will be deductible, or possibly none at all.
Finance will be difficult.
Borrowing in your own names won't remove the difficulty in getting finance as the bank will be looking at the structure. It is likely the company will be the owner and the loan needs to be in a personal name so this creates problems for the banks – they are basically lending to a third party who is not the owner.
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 your accountant said that he is wrong.
I assume you are looking at a unit trust? If a person borrows to buy units in the trust then the person may be able to claim the interest on the loan used to buy the units if the units are income producing.
If you borrow money to give to someone there is no ability to claim the interest because there is no income for you.
If you borrow money to gift to a trust or to settle on a trust then the interest won't be deductible if the trust is discretionary because there is no guarantee that the trustee will distribute to you. A fixed trust is different as there is no discretion, but giftin to the trust won't cut it.
And, what do you mean about less deposit if the loan is in your own name?
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 could be a dangerous assumption!
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
Not sure what you mean. I guess you mean 'lend' and not borrow. But still confusing.
Why does she want to borrow in her personal name?
(Trust name doesn't go on title, it is the trustee's name that goes on title).
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 method would make the more money?
And also your friend is biased so don't believe what he says without thorough investigation.
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
Do you have a judgment?
If so then look at enforcing the judgment. You can do this by seeking further court orders to seize property of that person – bith real and personal. Start by going to the local court and picking up a few of their brochures and ask them for assistance on how to get this order.
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
Jamie M wrote:Terryw wrote:Doesn't sound like a mid life crisis as you sound young!Maybe it's a third of life crisis


I was accused of having one of those when I bought a two seater sports car a couple of years ago….not the most practical family car but the 6 year old loves being taken to school in the "racing car."
Cheers
Jamie
The whole concept of the mid life crisis is interesting. There comes a point in your life when you realise you will die one day and then next day you wake up with a pony tail and decide to go out in style.
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
nguli wrote:Haha nice one Terry! Had me for a while… I kept opening back up to the same page until it clicked. lolclicked – is that a pun?
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 another guy with a mid life crisis here https://www.propertyinvesting.com/forums/help-needed/4346162#comment-272543
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 were deriving income from the GF then the expenses would be deductible against any income to the extend that they relate to the income.
But capital items would be deductible by depreciating the items.
Beware of the CGT sting too as there are a few issues to consider and ways to reduce its effect.
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



