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

    Since you have no non deductible debt then it doesn't matter too much.

    It is still good to pay down debt, but if you want to keep on borrowing you may want to consider using an IO loan + offset. This will reduce your payment meaning you can stretch yourself further. You would also save the same interest as long as you don't spend the 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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    Yes, I know about setting up trusts. It is extremely complex – what do you want to know specifically.

    Just the legal obligations alone could fill up a book – the trust must act in the best interests of the beneficiaries, cannot profit from the trust at the expense of the beneficiaries, must account to the beneficiaries. The beneficaries have the right to inspect the financials of the trust, to be taken into account for distributions and to lodge a caveat over trust property etc etc.

    Cost to set up from $200 to $10,000. Stamp duty is $500+ in nsw, but may be nil in other states.

    A brdiging visa holder can set up a trust, but there may be tax consequences depending on whether the person is a resident for tax purposes.

    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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    Nope, i meant loan 2.  Loan 3 will be used for the new purchase which you will live in. You don't want to mix investment loans and personal loans

    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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    Never lend anyone money!

    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
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    Banks have to revalue to release a security and the remaining security must be within their LVR guidelines. If they don't have enough security then they could be in trouble.

    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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    Every day the money is in there it is saving you interest. not much maybe, but it still helps.

    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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    cashflow.

    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
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    Yes they can take both or either.

    Even if you don't cross them they can eventually get the other one, but it takes longer.

    The main reason not to cross is the loss of flexibility.

    say you had two properties crossed, securing one loan. Both had dropped in value so you decide to sell one. The bank can say  to you that they will only release the sold property if you pay down the loan on the remain property by $x. If the one you had sold has dropped you may not have the cash to pay down the loan. This happened to a colleague of mine.

    If they were not crossed you woudn't have the problem because the bank would not need to value the remaining property.

    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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    amsaini15 wrote:
    I think you still have to pay interest on an IO loan. Trev, how could the size of your IO loan increase if you still pay your interest .

    Terryw, Is it possible to setup loan in such a way to let Interest capitalize and direct all income and rent into PPOR loan. I asked my accountant and he advised this would not be possible in Australia (Possible in US)

    Thanks

    Yes, it is possible in Australia. Some have applied for private rulings and been successful. You just have to be careful that you are not doing it as a scheme to avoid tax.

    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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    Your existing loan is separate, so that won't change.

    The LOC will have a limit of $120,000 but a balance of nil initially. When you take out $30,000 you will only pay interest on this amount. this would be loan 2 as described above.

    The other way is
    $320,000 existing loan secured by house.
    loan of 105% of the new purchase price secured by this property and your house. ie 2 securities for one loan = cross collateralised loan.

    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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    Yep, that is almost right.

    Your property is valued at $550,000. the maximum loan is usually only 80%.
    $550,000 x 80% = $440,000 = max loan

    You have already borrowed $320k so your max LOC would be $440k – $320k = $120,000

    If you get this as a LOC then you only pay interest on the amount drawn dawn.

    When you put the 10% deposit down you take it from the LOC and borrow the rest from the same or another lender.

    Most people do it the other way, the crossing of securities, but this is not a good idea.

    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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    You would want to pay down the non-deductible debt first. This will save you tax,

    You would generally have all monies going into the offset and all repayments coming out of this. A variation is to borrow the repayments for the IP loan from the LOC so that your cash stays in your offset saving you interest. This needs careful planning however.

    You will build up substanital cash in the offset and then can decide whether to pay this into the PPOR loan and set up a new split and repeat the process.

    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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    eg.

    Your PPOR is valued at $500,000 but your loan only $200,000.

    You buy an investment for $500,000 and borrow $520,000 using this property and your PPOR as security. (not good!)

    A better way would be:
    PPOR
    Loan 1 $200,000
    Loan 2 $120,000

    IP
    Loan 1 $400,00

    (deposit and costs for IP come from loan 2 on the PPOR. Interest on loan 2 will be deductible and both PPOR and IP are not secured by each other which is safer)

    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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    Do you mean you will not pay the interest on the IO loans, but let them capitalise?

    There is a tax ruling which says capitalised interest retains the character of the main loan.

    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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    You can put your rent where you want to. Best to put it into a 100% offset account attached to your home loan

    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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    Do you have a separate loan for the equity release? If not you should

    If you borrow to invest the interest is generally deductible.
    You could set yourself up so that you borrow from the LOC to pay the interest, but this must be done properly or you may find the ATO will disallow it.
    You could have your rent paid into your LOC, but why pay down investment debt. Look at putting the rent into an offset attached to your home = saves non deductible itnerest

    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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    They have allowed him to manage two companies which operate as trustess of his SMSF though. http://asic.gov.au/ASIC/asic.nsf/byHeadline/10-160AD%20ASIC%20disqualifies%20Henry%20Kaye%20from%20managing%20corporations%20for%20five%20years?opendocument

    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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    I would suggest you park the money into a 100% offset account, save interest and then decide what to do. If you decide to buy a PPOR, the cash will be available. If you decide to invest, use as little of it as possible – keeping it for future PPOR.

    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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    I had a client with Bankwest last year applying for less than 80% lend. The valuer made some silly comments about the condition of the property and the bank would not lend for it at all. So even though the value may come in you can still get rejected if there are comments about it being in poor condition etc. The higher the LVR the more concerned they will be.

    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 it is very complex they don't teach about this in law schools.

    Everything is up to negotiation. Whether someone exercises an option or not will depend on their estimate of the value. And with property it is not just value that is taken into account but other factors too – emotions.

    maybe its better to think with shares
    eg ANZ is trading at $20.00 You sell an option for $2 with a strike price of $22 and an expiry in 12 months. You would do this because you think the price may not reach $22 in 12 months. You would also be protecting yourself from a small drop too. Since you received $2 income the price of the shares would need to drop below $18 for you to make a loss.

    With shares you will know when the price goes over $22. it may happen in 6 months, but the option owner may hang on as the higher it goes the higher you could sell the option for. Say it went to $24, the option owner bought the option for $2, but could sell it for $4 (or buy the shares for $22) that is a 100% gain. If option owner sells now it may go up to $25 or it may drop, its his call.

    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 - 7,181 through 7,200 (of 16,328 total)