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  • Profile photo of TerrywTerryw
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    @terryw
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    Henry Adams wrote:
    , so does this means the only way to pay it off is to make sure that the IP is always double in value every 10 years ?

    Imagine you had purchased a house in Sydney 30 years ago for about $30,000 and you had only ever used an IO loan. You would still owe $30,000 today.

    Now what would you expect to pay in rent for a Sydney property? Maybe something like $30,000 pa today.

    So you could pay off the loan in full in one year (almost) by the rent alone.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    100% of borrowings for the new property. 20% from LOC and 80% from new IO loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I think many are. I have seen a few bankrupted because of over borrowings.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    see s118.145 ITAA 1997. A temporary absence from your main residence may not trigger CGT.

    I think he is wrong about the depreciation bit. Ask him for authority to back up his claim.

    All expenses for the property are added up and then deducted from the rent. This income or loss is then added to your other income for the year

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    For the amount of work and risk involved I would think $600 is extremely cheap.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you don't like it then don't use their services.

    I am a solicitor and have charged $8,000 for conveyancing for one guy as I billed by the hour.

    There are guys down chinatown doing it for $500 if you want.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    This is how I would do it.

    Value x 80% = X                           e.g $300,000 x 80% = $240,000

    X – Existing loan = LOC limit         eg. $240,0000 – $150,000 = $90,000 LOC

    Set up the LOC on this property and only use that LOC for deposits and costs for the next property.

    Buy $300,000 property. Get a 90% IO loan of $270,000 and take $30,000 from the LOC for this. = 100% borrowings.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    The units of the unit trust could later be redeemed by the trustee and the trust could convert into a discretionary trust (must have it set up properly). The trustee could borrow to buy the units back and this interest could be deductible (refinancing principle). This will free up more cash to pay down private debt. Later on the units could then be transferred to a smsf, if property unencumbered, and then from there could could get tax free rent and CGT free sales once you have retired.

    A complex area with a host of things to consider.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hope it is not CBA as I had problems with them earlier this year when they refused to accept loan documents signed by an attorney.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Jo,

    The debt would become deductible not because it is negatively geared, but because they borrowing was used to purchase an income producing asset.

    Borrowing 100% plus costs would free up more money and create bigger deductions.

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    Profile photo of TerrywTerryw
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    That may change things.

    The offset account will be saving you interest. So if it goes on the QLD property your husband will have less interest to claim. He is on the higher income so less deductions = less tax back. In this case it may be better to put the offset on the 50/50 property

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Jean,

    If it is for a loan then do you even need a stamp? You should also take great care in signing it correctly as if you get it wrong they will need to redo the documents. Probably best to go into the bank and do it in front of them on their instructions.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you are going to make a stamp then maybe "(your name) as attorney for (husband's name). signed under registered power of attorney number 1234"

    BTW, In NSW there is no need to register a Power of Attorney unless the attorney will deal in Land. But in QLD it may be different. You should also probably get a solciitor to certify a copy for you which you can take with you to show if necessary. Don't ever give out the original as if you lose it you could lose the ability to act.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You could enter into a short agreement. Say 2 weeks. Then if the buyer doesn't appear you can ditch the agent. If there really is a buyer then the agent can still get his commission if the agreement expires if they include a clause along these lines – which they normally do.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hi

    I would not suggest a LOC for the main loan for the investment property. I think an IO loan would be the way to go. If you use a LOC people get tempted to make deposits and withdrawals and this could contaminate the loan.

    Maybe you could set up a LOC on the IP1 NSW and then use this to pay for some expenses.

    Assuming you both own 50/50 of each then it wouldn't matter which house your offset account was attached to. The net result would be the same.

    Since your husband is self employed maybe you could save some tax if his business could employ you to average out the incomes.

    Make sure you get the full offset account. St G is unusual with offsets.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I think finance may be your greatest problem. If it is in a flood prone area then lenders may not want to lend or was it a one off flood?

    The lenders may also have problems with the state of the property. Is it liveable at the moment? if not then maybe finance will be based on the land value only.

    Insurance is another thing you should look at. Possibly high premiums and make sure the house is covered for flood damage!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You would probably just sign and write something such "as XX as attorney for ZZ"

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    No bankruptcy protection with a unit trust as the units are considered property under the bankruptcy act. You would have to hold the units via a discretionary trust to get any protection.

    But certain unit trusts could enable the land tax threshold to be obtained, but only if an individual were to hold the units.

    Bascially, you cannot have one structure with all the benefits. You have to give up someone to get something else. eg. give up asset protection and you can save more tax.

    I should also point out that hopelfully your rental income will rise so that your trust may be positive taxable income very soon. From then on the discretionary trust would be the way to go. You cannot change without great cost so giving up some deductions now may result in greater savings and other benefits in the future.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    No thanks, but that explains it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Only newbies go on about building/finding a 'team'. It must be something you learn at one of those expensive seminars??

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Viewing 20 posts - 5,141 through 5,160 (of 16,328 total)