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

    You can add guarantors more easily, and if you have a company as trustee you can removal people from the loan (such as someone who suddenly gets credit impaired).

    If you owned a property in your own name there is little flexibility if you suddenly cannot qualify for finance.

    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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    in NSW units in a unit trust are dutiable property s11(1)(e)  Duties Act.

    But, under s34 duty on transfers of marketable securities is to be abolished on 01 July 2010). In the dictionary to this act 'marketable security' includes units referred to in s11(1)(e)

    Currently Stamp duty would be 60c for every $100 in value of the units.

    http://www.austlii.edu.au/au/legis/nsw/consol_act/da199793/.

    So your idea may work in NSW in the future. I am not sure on the rules to transfer to a superfund though. But CGT would be payable on the transfer of units also.

    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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    Unit trust only allow negative gearing, or losses to be offset against personal incomes, where an individual has borrowed to buy the units (rather than the trust borrowing to buy the property).  This wouldn't work if the units were owned by a DT as the trust would then claim any costs.

    Unit trusts get the land tax threshold in some states.

    Not sure on the land tax issue, but it may work – that is each property owned by a separate unit trust.

    Also in some states, it may be possible to transfer units to a SMSF without stamp duty when you retire. This means you could get your property into the SMSF and all the benefits that go with it.

    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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    Post Count: 16,213

    with a dt the trustee holds property for a wide class of beneficiaries. The trustee then distributes any profit of the trust to one or more beneficiaries at their discretion. This flexibility can result in tax savings. And because a beneficiary has no entitlement to funds of the trust (until a distribution is declared) it offers great 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
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    @terryw
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    SMSF would be well worth looking at. Other than that a discretionary trust.

    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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    What is a banker  doing advising you, or pushing you, to buy a certain property?

    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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    Do both. I would fax it as then there is a record on the date and time.

    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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    “purchasing an investment property is about facts and figures, not about what it looks like”.

    True. But what if there are bikies living next door or a drug den out the back?

    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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    Don't beleive the broker, ask them for a copy of the conditional approval.

    If you do get approval on the 15th then the bank will issue documents, you sign and send back and then settlement is booked in. I have had clients who had run out of time and this was all done in 2 days – but normally it can take about 2 weeks. Banks also ask that you give them at least 10 days to settle after the return of documents, but they don't really need this.

    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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    What you would normally do is borrow up to 80% of the land value and 80% of the fixed price building contract. You could have got the builder to build some of those finishing costs into their contract.

    If the house is finished inside and you have the occupancy certificate then you can always increase the loan (if you service etc) up to 80% of the value and then get the funds that way.

    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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    I've tried various software over the years, but think excel is the best. You can tailor it to suit your needs. Do one property per tab and a summary tab up front linked to all the others.

    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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    That is the biggest risk of cross coll. One of my friends went bankrupt because of it when he could have remained solvent if they had been stand alone.

    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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    Just connecting electricity may not be enough – you have to establish it as your main residence. I have the electricity connected on a house I just built – its fairly common.

    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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    There have been 2 recent cases that I know of. 1 is where the tenant complained of a rip in the carpet, the landlord didn't have it repair despite the repeated complaints and the tenant tripped injuring their back. Tenant was awarded something like $1.2mil
    I doubt any insurance would have covered this as the landlord knew about the problem and didn't fix it. The landlord's fault and they should have done it no doubt.

    Another one is where a plumber was electrocuted to death on a property due to the removal of a solar hot water system which was not properly disconnected. Owner aparently knew this and did nothing about it. Both owner and electrician were sued and lost.

    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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    Number 8. Would you mind posting some info on how you were better off by cc?

    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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    very True Ninh.

    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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    Post Count: 16,213

    Ask him/her about how you can borrow to pay the interest on the first property (if you have any equity) and thereby free up money to quickly pay down the new PPOR one. This will save you heaps of 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
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    @terryw
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    both good ones

    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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    Not a good idea i think, unless you use it for releasing equity.

    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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    Not a good idea in my opinion.

    Why not keep them on a standard IO loan, separately, and set up the portfolio on any of the equity available.

    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 - 7,721 through 7,740 (of 16,328 total)