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Yes, size does matter in this case. I would have to disagree with myself – unless it is a large LOC>
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The fees would be nil under a prof package and then you have the rate discounts too – but an annual fee.
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 they calling themselves advisors now? They are just bank staff and you shouldn't expect too much out of them. Also it is not really their fault, the valuations are done by valuers.
Sounds like its best to change banks maybe.
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 will have to ring a few valuers in the area that the property is in and ask them if they are on NAB's panel. Then you need to contact your loan person at NAB and tell them what you are going to do and confirm they will accept it. If they won't remind them it is NAB policy.
Just realised you may be applying for more than 80% loan and would therefore have the LMI people to deal with. If that is the case it may be harder.
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 had a similar issue with NAB recently and was able to order my own valuation with a valuer on their panel and then had it reassigned to them. My valuation come in higher and they based the loan on that.
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
try looking at the various tenants union websites. do a google search for 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
I would think it is worthwhile getting a LOC to borrow to pay expenses. Have a look around at other banks – i think a LOC is the best option for this sort of thing as you can keep borrowing small amounts and have access to a cheque book if need be. Try NAB as they have the lowest rates of the banks at the moment. I wouldn't go calling it a business LOC though. just tell them you want a LOC for investing. business = risk to them.
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
Thats the one. There are heaps of different calculators on the http://www.investmentpropertycalculator.com.au website
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
Have a look on the somersoft forum as there are a few ones there you can download. I also provided a link there to an excellent website with heaps of freebie downloads – i can't remember it now though sorry.
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
Hi
I would suggest you do the sums on 3 options:
1. sell none
2. sell 1
3. sell 2.And just see how it will leave you before and after. Then you have to weigh up the difference and see if it is worth the costs and hassle of selling.
There are also other options.
1. Sell one and immediately buy another. This will hurt with CGT and Stamp duty but will save you a heap of tax in the long run by shifting the debt from non deductible to deductible.
2. Sell your half of one to your spouse or vice versa. Depending on the State you may be exempt from stamp duty, but will still have CGT – but on a smaller amount. This will free up a bit of cash to pay down the PPOR loan.
3. Sell to a trust. This may end up costing more in the short term but may have longer term benefits. Would also help if you are self employed as you can divert income into the trust to offset any losses.
Generally I think it is worth while considering selling to pay down non-deductible debt as it will save tax and propel you to greater income in the long run.
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 read it that he owned a home, and then two houses in a trust and assumed the home was in individual names. But it could be 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
hi D
I think you will find the banks are required to give you a bit of leniency, especially with the owner occupied one. Try to ring them again and talk to the right section. They are generally ok as long as you keep them informed and tell them how you are going to get out of the problem – such as selling one property. If you have equity this will make them even more ok with it. However they could default you and this would show up on your credit file and this will make it very hard to get decent finance in the future – up to 5 years..
I have a friend who has cancer and he rang up his bank and they put all his repayments on hold for about 6 months. His loans were IO and his LVRs were around 80% too. Westpac is his lender.
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
burnt by accountants and property developers wrote:My recommendation: Stay away from Chan & Naylor. An accountant now in their Norwest office lost all of my investment. I won a court case against the "company" he operated (and hides behind) over 3 years ago and still have not received a cent from him. At the date of writing this post, an ongoing investigation into his dealings for over 2 years has been frustrated by his delays in responding to questions. Ask yourself this question, what sort of accountant is unable to provide accounts of his dealings? This is a person Chan and Naylor have recruited, so I question the level of competence of that company.Hi Burnt
Interesting. If you have a judgment against the company you can probably issue a statutory demand for payment under s 549E of the corporations act (form 509H) – failure to pay within 21 days means the company is insolvent and then it can be wound up. Directors will also be at risk if it is trading while insolvent.
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 not a matter of one or the other but both!
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
Doesn't really matter when you withdraw. the sooner the better. WOuldn't be messy if all the money withdrawn was used for that property. If it later becomes an investment all the money was borrowed for that property so the interest would probably be deductible.
check with your accountant first.
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 would suggest you avoid cross collateralising the properties. Keeping them as separate banks will help this. I also suggest to keep a bit of the LOC for extra costs or for emergencies.
LMI sounds costly, but when you look at it over the life of the property it is insignificant. It is also tax deductible.
So if you were to buy a $250k property, I would be included to use a 90% loan with 10% deposit and costs coming from the LOC.
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
$720,000 x 80% = $576,000
Existing loan is $520,000
So you may be able to set up a LOC for $56,000 = this will keep the LVR to 80% and avoid LMI.
You then use this as deposit and costs for the next one.
Keeping the LVR to 80% on the next one may be hard as the max purchase price would be around $224,000.
This would allow 20% for deposit = $44,800 (from the LOC)
and 5% for costs = $11,200 (from the LOC).
and 80% as a new loan $179,200 (from a different bank, Interest only).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
The ATO isn't really concerned about hybrid trusts – just the uncommercial use of them.
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 do your research first
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 2 houses are cross collateralised, you basically need the banks permission to sell one. This is because the bank holds the title as security. So they will want a valuation on the remaining house to see if it is enough to secure the remaining loan.
If you had 2 houses with the same bank, but not cross collateralised then you don't need to release the 2nd security so no valuations needed.
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



