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

    Yeah, BW don't like trusts. but if the trust has nothing to do with the purchase it shouldn't matter. I can't see why it would be rejected on this basis.

    Maybe try ringing up their hotline and see how you go – ie bypass this person.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Your picking a bad time to start broking! Clients are down and so are commissions while regulation is increasing.

    Most aggregators require MFAA membership which in turn requires 2 years history in the industry.

    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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    best way would be for you to withdraw funds or borrow more and on lend them to mum. That makes things easier and safer as you don't need to use your property as security for her loan – which a bank is unlikely to do anyway.

    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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    Post Count: 16,213
    Banker wrote:
    Cross collaterlising relates to security rather than debt servicing. If the debt levels are the same either way you shouldn't need to x collateralise to make the deal work. When the banks / brokers lodge the deal on their computer the system will automatically link the security. If they are lodged seperatly You get no cross collaterisation. E.g. One lender – two applications.

    Exactly as I was going to write – except you can still do one applications and still avoid CC.

    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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    Thats my understanding too.

    They require you to prove you have been self employed for 2 years to qualify for a Low Doc. Self employment can be as sole trander, thru a company or thru a trust. You prove the length of self employment by the date of registration of the ABN. You will also need GST registration if your income is $75k pa +.

    Who is the trustee of your trust?

    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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    If think some are getting frustrated that others would even consider that this sort of thing is genuine.

    It just doesn't make sense.

    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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    Actually there are not many 95% loans left, that is why BW force you onto the high rate. You probably can't fix your loan at this LVR as you can only take certain loan products – but maybe you can get in and then change products. I am not up to date with BW at the moment.

    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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    Thats a good loan, but if you want to pay interest in advance you will need to fix the loan for 1 year. You can't pay interest in advance on a standard loan like that.

    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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    Is subdivision possible before the new houses are constructed? I thought that maybe you would have to build first before the new title is issued.

    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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    SMSFs are good, but may not work for well for what you are after. The equity in a property in a SMSF will not be accessible for further investing, this is probably the major draw back.

    With a discretionary trust, there are some drawbacks, but it will make things so much more flexible than buying as tenants in common. Worth looking into.

    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 could get an option on it and sell the iption to someone else. But extra stamp duty on options in Vic now.

    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 just reread you posts and I think it may not work like you are suggesting.

    For a start if you have a vacant block of land now, it may not qualify as the main residence (as there is no residence). But maybe this won't make a different as you will be moving into one later after it is completed.

    Then say the land is worth $500,000, only half of this (or whatever % portions you actually use) will be for the investment property.
    So $250,000 for land
    $250,000 for build
    = $500,000 cost base plus some other costs (stamp duty, legals etc)

    sell for $700,000

    = $200,000 profit

    50% CGT discount (if held more than 12months)
    = $100,000 CGT

    This is added to other income, so max tax payable if you were on the top rate would be $48,000.
    It will actually be less as you can take into account interest, rates etc and other holding costs.

    Also you must consider GST. Because you are selling a new property you must charge the purchaser GST, another $50,000 less GST paid for on construction, $25,000 = $25,000

    All up abotu $70,000 maybe.

    Assuming you own the land out right, you will have a loan of $500,000, and then sell one property, with the remaining property being $700,000 in value = 71% LVR. You will then have $700,000 cash in your hand, less costs.

    But really half of the loan will be for the IP and half for the PPOR, so $250,000 loan each. Because it will be on one title until settlement of the sub-division it will have just one security, but I think you should stil split the loan into 2 to take advantage of the fact that half the costs are for the investment.

    Then at sub-division you will have 2 loans with 2 properties. $700,000 value each with $250,000 in loans each. Sell 1 and you will discharge the $250,000 loan B, you will have $450,000 in cash. You can take $70k for taxes and still have $380,000. Use this to pay off the remainng loan if you want and still have $130,000.

    These are rough calcs and are probably wrong as I am watching a movie while typing, but you may get the general idea.

    Tax on sub-dividing is very complex. I can't understand it all either. For some good info see http://www.bantacs.com.au/booklets/How_Not_To_Be_A_Developer_Booklet.pdf

    And before you start doing anything I suggest you get some expert advice in writing. One mistake could cost you tens of thousands of $$ so it is worth paying for some advice.

    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, more commissions if you refinance. Who are you with now?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    You are essentially just selling half of your holdings, so will have a large amount of equity built into the remaining one.

    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 there are ways to do it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Good news Greyskull!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    http://www.businesslawyers.com.au for a good sol specilaising in 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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    you should also consider that you are borrowing to build a PPOR property. This is not deductible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    I was suggesting that any costs may need to be apportioned if the property wasn't available for rent for the whole year.
    see http://www.ato.gov.au/content/downloads/IND00191817n17290609.pdf examples on page 11 (or 7).

    Prepaying the interest would save you the most. You will need to take out a 1 year fixed rate, ie pay 12 months in advance. But you must also consider what will happen the year after when you have no interest = huge profit. a way around this is to do it again.

    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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    Refinancing is paying one loan out with another loan. You could do that or stay with the same lender and just asking for another loan. (has to be the same lender) . Make sure they understand you want a separate loan number. The lender will charge you a few, maybe, and then assess you and then send out the valuer and then the paper work – if approved.

    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 - 7,961 through 7,980 (of 16,328 total)