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Hi Banker
All valid points. But what about the major downsides of CC?
such as
1) bank may have more security than needed
2) bank may have a choice on which property to repossess
3) bank may not release security for a sale if remaining security is not enough
4) harder to untangle when more properties come along
5) harder to refinance into another lender if need be (eg hit borrowing capacity)Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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and http://www.ato.gov.au/corporate/content.asp?doc=/content/00137188.htm
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
This is called cloning or trust splitting.
It used to be possible, but then the ATO abolished the general CGT exemption. Though it may still be possible in some circumstances.
see TR 2006/4
http://law.ato.gov.au/atolaw/view.htm?docid=TXR/TR20064/NAT/ATO/00001And http://www.ato.gov.au/taxprofessionals/content.asp?doc=/Content/00109677.htm
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I was a bit out with my top rate!
So you need to earn $180,000 pa plus before you are on the top marginal rate.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Westpac and ING used to. up to about 85%.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
duckster wrote:You must purchase shares that pay a dividend to be able to claim interest expenses as a tax deduction against income derived from the shares .I beleive If you buy shares without a dividend the interest on funds borrowed to buy these shares should be deductible against the person's other income. As long as you are planning on getting a capital gain.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Rudi
You would have to talk to a bank over there. Australian banks wouldn't be able to take it as security – except maybe aussie banks operating in the UK
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
hi Phil
A few more things to consider:
– possibly no CGT as the place is the parents PPOR.
– You can't just refinance their loan into your name. You will have to apply for the loan separately and qualify. You can have the same amount though and it will be a family transfer – banks will understand.
– You need to consider the bankruptcy act. eg any transfer undertaken within the last 5 years can be undone if certain conditions are met – such as under market value etc. eg. if value is $700,000 and you only pay $310,000 = $390,000 under value.Also under the Bankrucpty Act transactions entered into with the aim to defeat creditors can be undone with no time time.
– Centrelink issues. Your parents may not qualify for the pension if they give away such a large amount.
– Family Law issues. Keeping it in your parents name may be safer for you in this area.
I think you should seek out a lawyer and run thru it all. There are ways to protect the property while it is in their name and this will be much cheaper for you than paying stamp duty. Caveats, options, long leases, loans, mortgages etc.
You could take over payments for example and have the money as a loan to them. This could be secured by a second mortgage so you take priority over other creditors if they go down.
Also look at them setting up a testamentary trust in their will. Huge asset protection advantages and tax advantages down the track. Also make sure they do their wills – and u too!
You could also buy somewhere else, maybe under $500,000 so you can ge the grant and then stamp duty savings. Move into it and then out again back home and have it CGT exempt. it would be a shame to waste the stamp duty exemption
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
try bankwest
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Redraw = borrowing.
If you redraw now the extra interest on this portion of the loan will only be deductible if the purpose for which the money was used is investment/business.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I don't beleive there is any benefit in cross collateralising and many problems with it. Of course there are plenty of benefits to the bank – they can get more security than they need and tie the client up further making it harder to leave.
The only possible time I would suggest it is if there are a few properties each with a little bit of equity. Even then it would probably still be better to have 2 x $10,000 loans as opposed to 1 x $20,000 loan.
As to bankers points.
1. I am not sure why CC would save you proving your incomes??? If this would apply to CC why not to stand alone?2. Having 10 loans as opposed to one loan would save on the statements and internet banking time, but does this really matter? It would complicate things at tax time as the interest would need to be apportioned between properties.
Also what would happen if you had one big loan and sold one property? How much of the loan do you pay down?
3. If all your loans were with different banks you would need 5 applications, but if 2 or more where with the one bank then you could also use 1 application. If you don't like applying for loans this could be a benefit, but it is only minor.
I can see many more benefits it avoiding CC.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Pete
You would have to talk to the bank, but it may be better just to refinance and make a clean break with there no chance of missing something.
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
It takes time for the concept of trusts to sink in, so go slow. I am still learning after using and studying about them for 10 years.
try http://www.lawcentral.com.au and http://www.taxlawyer.com.au for info and the book http://www.trustmagic.com.au
The major disadvantages are:
– Losses in a trust are quarantined – ie you cannot use a trust loss to offset your personal income
– No Land tax threshold in NSW.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
don't know anyone in Perth 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
CGT is a commonwealth tax – same in every state. There is no rate, but the CG is worked out and added to your other income. So if you have no income it could be low (depending on how big the gain is). Max will be the top tax rate if you are already earning about $130,000 pa income. If you held the asset for 12 months it would get the 50% discount, so max 23% approx. plus medicare.
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 because a property is cashflow positive doesn't mean it is a good buy or a good investment. Banks take into account many factors other than rental income.
I should also point out that banks don't like vendor finance at all – so be careful there.
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
Discretionary trusts also offer significant tax flexibility and can make borrowing more flexible as well. Also are estate planning benefits.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
lordoftheundead wrote:I'm just wondering what happens when a director has given a personal guarantee and who then ceases to be a director.
is the former director able to be removed and the guarantee placed on the new director? i'm sure it can be done but do banks allow this?
I only ask as i'm currently an alternate director so would hope to pass gaurantees onto the director once they return
regards
pete
The guarantee wouldn't cease once you cease to be a director. You would need to apply to the bank to release the guarantor and substutite with a new one and they would require the new one to apply and prove their incomes etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
PropertInvestor wrote:I will be buying my first IP. Can someone please recommend what is best, whether to buy in personal name or in trust ? Then, please provide some pros and cons of trust. Tried to read some older discussion thread but are specific to asked probs etc..There are many advantages to using a trust and a few disadvantages. I think it best to do some research and weigh up the options.
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
Nope, that is not true either. Trusts don't help you borrow more.
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



