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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    If you are marketing to other investors you have to be careful and make sure you meet the requirements for licensing under the Corporations Act if necessary.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    You have to look into the laws of the country you are buying in. It is unlikely that a trust will be recognised overseas so it will be the legal owner which may be the trustee. But this will depend if a foreign entity can be registered in that country.

    A SMSF could buy units in a unit trust under certain circumstances. But if the property was being used as security it couldn't.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    yes

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Contact the osr to register

    What do u realistically think the land value is?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Its your responsibility to register and pay for land tax if required. SRO is a state govt department and ATO is Commonwealth so they don't work off the same tax returns of work together but they do share data. There are also different rules such as the absence from your main residence exemption with state laws being much tougher than the commonwealth tax acts – at least in NSW>

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    The property was probably sold under market value to a mate of the agent or conveyancer.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    So are they proposing you buy the investment property solely with the LOC and that it wouldn't be used as security?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    So are they proposing you buy the investment property solely with the LOC and that it wouldn't be used as security?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    That is still a fair bit of money left and will probably take you a few years to pay it off so it may be worth looking into changing loans. The redraw fees look too high to work around.

    Business in your own name can be risky – what if you have a contractual dispute for example and it goes to court. But since you are selling online the risks would be generally low.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Elle

    You would generally use a Pty Ltd company to run a business as this gives limited liability and opportunities to split income. What sort of business is it? Asset protection is important.

    How much is left on your non deductible portion to the loan? It may not matter too much, you might just be able to use redraw and just pay everything into the loan and  pay it off asap and then set up properly for the investment.

    Yes, i am a finance broker.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Elle

    There is a huge difference between and offset and redraw. It may work out the same in terms of interest, but there are whole lot of tax issues.

    I suggest never pay extra off a loan but always use an offset.

    And NEVER use a LOC for a loan but only to access equity. If you use a LOC it will be the same as constantly using redraw. You could end up with a large loan with none of the interest being deductible.

    This is what I suggest
    1. IO loan on main residence with a 100% offset account
    2. Separate split on the available equity as a LOC. This should only ever be used to pay investment expenses and deposits etc. Never pay this off, but just pay the interest each month
    3. A new IO loan for the new investment property. No offset needed and never pay any extra off this loan.

    Once loan 1 is paid off then you can transfer the offset account to loan 3 the investment property.

    If you are hopeless with money then maybe you should have PI with loan 1.

    Also you should not be running a business in your own name. This is risky. If you will continue to do so then there is probably no reason to use a separate account but just use the offset account so that you save some more interest.

    And combine this with using the credit card for FF points. But becareful with buying personal items and business items and then  paying off the investment portion with the credit card.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi WIPM

    Sorry, I mean buyer doesn't pay the deposit.

    Off the top of my head I am not sure what happens, but think, in NSW standard contracts, that the vendor can terminate the contract if the deposit has not been paid in days after signing.

    Don't forget each state has different standard contracts, and these contracts don't have to be used, but usually are and they are often modified by deleting, amending and adding clauses.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    The vendor may have a change of mind after accepting, but there would be a binding contract – but they still may be able to get out if the vendor had not paid the deposit, for example, by the required date.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Indeed Pat!

    Why not ask them to please acknowledge receipt of this email etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    that would probably be ok. fax and email – scan with signature if posisble

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    If you had no PPOR then you could have multiple offset accounts if you wished – eg you may want to save 20% of your salary into a separate account for budgetting reasons etc.

    But just watch out for fees.

    But if you had a PPOR then i suggest 1 account so you can be the maximum interest and tax savings.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Well, it could be and it would usually stop there.

    But with contract law there only needs to be a few things for a binding contract relating to land:
    1. Price
    2. Parties
    3. Property identification
    4.

    I think it is the 4 Ps – can't remember the 4th one though!

    So if a letter of offer contains the names, address, price etc of the property then this could be enough to be the contract.
    But, there are also legislative requirements that certain searches be provided prior to the contract being entered into – but if these were provided separately they could still form part of the contract in the form of the letter.

    It is unlikely that a vendor would try holding someone to ransom over this but it is possible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Sometimes it is better to sell and then take the money and set yourself up properly and more tax effective next time. Don't be too hard on yourself as it is a common mistake and you have still done well.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    jmsrachel wrote:
    Have you signed the contracts? If not, you don't have to do anything. Happend to me last week. If you have signed contracts, the vendor must sign within 3 days otherwise the contract is terminated. This is the case for Victoria any way.

    This is not necessarily true. The letter of offer could be the contract.

    To withdraw the offer immediately write to the otherside before they accept.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Its seems the original loan may have been set up well with an offset but not used correctly because you have paid down the loan to a large extent.

    This has locked the money up and it cannot be redrawn tax effectively.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 3,881 through 3,900 (of 16,328 total)