Forum Replies Created
i AM IN?jAPAN ATM AND HAVING?PRobs with keyboard!
First should ask?What is the purpose you are trying?To achieve?by?trAnsfering to 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
You probably need to get the surveyors in to do the final inspection (assuming it is finished). They will sign off on it and tell council.
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
Stamp duty is the major cost and this will vary from state to state with some states charging more for investment properties. The next major cost may be LMI which will vary depending on the loan LVR and the amount, IO/PI, bank etc.
Banks will only lend on the lesser of valuation or price. So you could add the costs to the price adn get the seller to pay. If the bank comes up and values it as $210,000 then you may be able to borrow 95%/etc of $210,000.
But this may be similar to the vendor providing a rebate and this should be disclosed to the bank and then they may just base the figures on $200,000. Also solicitors have been warned by the law society not to participate in these sorts of rebate schemes.
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
Market value is by definition what the market is willing to pay for something. So if a property can only be sold for $300,000 then it must be worth $300,000. Your greatest problem, if you are able to find these things, will be valuations. It would be extremely unlikely for you to buy a house for $300,000 and then the value to come in at $400,000 without extensive renovations and/or time. Valuers will see what you paid for it on their searches. In all my 9 years of acting as a broker I only seen a few valuations come in substantially higher than purchase price. One was a unit where the one across from the one being purchased sold for 20% more. Since these were identical the valuer had to value the same. But few houses are the same so it is much harder.
In Australia you make the offers on the contract of sale. You can do them verbally or on a fax or email, but these wouldnt be legally binding, usually, even if accepted.
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
estimate 4% to 5%
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 can buy if for $300,000 is it really worth $400,000? Thats how they may see it.
What is a OTP Addendum? Off the plan?
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, that is a way around it. Pay for cash, reno and revalue. The only problem is convincing the valuer.
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 haven't seen the private ruling, so not sure why it was rejected but think it was due to the LOC being secured against the same home as the main loan. So this made it look too much like the scheme in the Harts case.
I would still recomend trying to set up a debt recyling strategy – just do it property so that it is not a scheme. Best to pay for some advice to be safe.
You are not really relying on captal growth on the IP – unless you only have limited euqity I guess. Overall your loan levels should remain the same. You non deductible debt will be reducing at the same rate as the deductible is increasing.
There is nothing wrong with putting wages and rents into an offset account. This is what you should be doing, otherwise you will end up with a mess. The question is should you be borrowing from the LOC to pay the interest on the investment loans and should you bepaying the interest on the LOC or letting it capitalise?
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 possible. But will disadvantage you by reducing your tax deductions.
Every deposit is a repayment. So When you withdraw the money again the balance will go up but the extra interest will not be deductible (unless the money withdrawn was used for investment).
You will end up with a loan where hardly any of the interest is deductible..
I wouldn't do it. Get a loan with an offset, or better yet, pay down personal debt 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
Not so lucky. The banks work on the lower of valuation or purchase price
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 its true, but only to the extent that it relates to the property. If you take a 2 week trip to view a property for 1 hr you may have a hard time justifying it during an audit. But if you were there 2 weeks fixing it up it may be different.
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
Maybe you should sit down and do the sums on both scenarios and see how much better off you will be.
Then consider a third scenario. If it is jointly owned one person could buy the share of the other. This would allow further borrowings which would be tax deductible and the cash released would be able to pay down non deductible debt. This may cost a bit in stamp duty (may be exempt in vic) but it will save you a lot on tax each year.
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 can actually claim 2 main residences at the same time and have them both exempt – for a limited period with conditions – s 118-140 of the Income Tax Assessment Act 1997. Not sure if it would apply in this situation.
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
Up to around 95% loans are available.
No money down is possible in Australia by using a second property – either cross collateralising or borrowing extra from one property and using the cash as deposit for the 2nd. There are also a few tricks you can do such as vendor financing – but this is difficult in this climate.
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 think it is a good idea to use the IO and offset on your home. And a good idea to set up the LOC too. But make sure that when you invest you don't use the money in the offset, but borrow 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
rechrachel wrote:I second with Susie. You have to have an Australian citizenship to purchase property here for investment purposes.This is not correct. There are millions of people who permanent residence who purchase as well.
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
Probably would cost you around $500. see bantacs.com.au they do them for this – and recently had one rejected.
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
No, there is more to it than that. You must make sure it doesn't look like a scheme to reduce tax. Best to get a private ruling i think.
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
Since no one has replied I will give it a go. Although I can't really add much.
Really there is no point in buying property unless it will increase in value. Even if the rent is the same as a mortgage would be you will have added costs such as rates, repairs, insurances etc plus stamp duty and buying costs to get in. There will also be an opportunity cost as your funds will be tied up and you won't be able to invest them elsewhere.
So a large part of it comes down to estimating any future capital gains. Having grown up there and working in the mines you may have a better idea that an outsider.
Maybe some questions to ask are:
Do you think the mines will keep operating?
How many different types of mines are there – if one commodity dives will the others maintain the town?
How are rents going? increasing rents may increase prices
Whats the vacancy rates up there.
etcTerryw | 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 Brett Davies Lawyers
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



