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Viewing 20 posts - 681 through 700 (of 16,328 total)
  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Wow, what a banker!

    Of course you can have an offset account – even with no savings. Whether it is worthwhile or not will depend on the circumstances. Perhaps they meant that you could not service to qualify for the loan. Hit Corey and his team up for some advice and forget dealing with the banks direct.

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes it could be done, no easy, but possible

    You would pay stamp duty and income tax (not CGT).

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Changing names is a transfer so duty and CGT will apply – (limited exemptions for main residence etc)

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    1. solicitor
    2. management fees etc
    3. the rent
    4. no
    5. depends on your contract with them.
    6. you can’t without a breach of contract or the other party agreeing.

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Recycle debt by paying down the non-deductible main residence debt and then reborrow against the main residence to invest – making the interest dedctible

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I still don’t see you factoring in the ability to borrow against assets outside of super.
    Superfunds cannot borrow, with one exception – to acquire an asset. Any equity built up cannot be borrowed against.

    Outside of super it can be.

    So a equity increase of $200,000 side super may equate to $170,000 after tax. That $170k could only be used to acqquire an asset worth $170,000 – if sold. If not sold that is $200,000 returning say 10% pa.

    A $200,000 return outside of super may be taxed at 47%- say $100,000 post tax, but this $100,000 could then be used to buy a $1mil property returning 10% pa. If a property had grown by $200,000 you could also not sell but just borrow against this – say taking out $160,000 and buying the same amount of property or a lower amount of leveraged shares.

    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

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    There is a lot to consider besides tax.

    Some are:

    Access to funds – early retirement

    Accessing equity and further investment and compounding – with no CGT tax until the sale.

    With super the tax rate is 15% with limited opportunities to reduce this, outside of super there is a potential to reduce tax to 0%

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    what about the leverage outside of super?

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    The tax consequences are vast and complex. An experienced tax lawyer or accountant would be needed to go over it. Expect to pay $900 per hour or more for this sort of thing. Not somethign that I would advise on because of the complexity.

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Her property would be secured by a mortgage and cross collateralised with your property for your loan. If she defaults on her loan it would affect you because the lender would potentially sell her house. They would be worried about the security for your loan so they may ask you to bring the LVR in line with their lending policies – such as 80% LVR. If she dies the estate would still be liable for the guarantee with the property still securing your loan. For the executor to sell it or change ownership there would be new guarantees needed or your loan paid down – or LVR to 80%, but you would have plenty of time to arrange this. keep in mind your property may have increased in value too.

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I am wondering why so many experts out there still advocating that this method
    is a sound asset protection,

    Are they experts?

    If they are not lawyers then they have no business advising this. If they are lawyers then they should be able to present their arguments on why it does provide asset protection.

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes merely registering a mortgage without it relating to a proper commercial transaction doesn’t give any asset protection, other than a smoke and mirrors approach. Someone glancing at a certificate of title may see a mortgage and just give up there and then – believe it or not this stops many.

    But if there is any challange it can be easily attacked and set aside under several methods such as s301 Bankruptcy act http://www.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s301.html

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Thanks Terry.
    So does this basically mean it’s not an asset protection at all?
    I am wondering why so many experts out there still advocating that this method
    is a sound asset protection, or may be I am just not getting my head around it.
    Rgds,
    FXD

    Before I answer
    What exactly are you referring to?

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You can’t gift equity in a property – the gift will fail unless the gift is delivered.

    To register a mortgage is easy, just enter into a loan agreement incorporating a mortgage and fill in the real property act forms that go with it and lodge with the land titles office. This will then be a legal mortgage, as opposed to a equitable mortgage. BUt this doesn’t mean it provides asset protection, because a mortgage is a form of security – asset protection will depend on the strength of what it is securing. If it is a loan and no money has been transferred then it is not a loan!

    (I reviewed one of these recently. A loan and mortgage was set up, but the loan was never actually taken out. no money changed hands)

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I will get shot down here

    You get my approval!

    Amazing the amount of young people with new cars too

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    try Paul at Price Financial
    http://www.pricefinancial.com.au/

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Corey, i didn’t know you were licenced in tax?

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I have covered the sale to a trust in this thread with 2 or 3 variations:
    https://www.propertyinvesting.com/topic/5037824-13-strategies-for-when-you-move-out-of-the-ppor-and-want-to-keep-it/

    Listed is a link to a private binding ruling that I obtained for a client. You can click on that link and read how the strategy works and the ATO’s response – saying the interest was deductible and why.
    My clients were able to transfer a fully paid off property worth $1.2mil to a unit trust and they personally were able to claim the full interest on the loan of $1.25mil even thought the proceeds, indirectly, ended up paying for their new main residence.

    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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You can still sell your share of the property to your partner or they can sell their share to you. If the property is in VIC you still have 6 hours or so to do this without stamp duty too!.

    Am I able to top up loan on my future IP (which will have lower debt) and then use this extra money to reduce my high debt on my PPOR?

    Yes you are. But the interest will not be deductible and you will create a mixed purpose loan with further complications.

    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 - 681 through 700 (of 16,328 total)