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It certainly helps, but it still may not be enough as banks tend to only count 70 to 80% of the rent and often assess the loans with a buffer interest rate of 2% more than current variable rates – and sometimes at PI too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Fancy names for basic proceedures. Just go and see a good lawyer.
for the second, what you do is set up another trust and place a second mortgage over existing property. There are no stamp duty or CGT consequences as there is no transfer.
Incidently there was a Federal court case in the last few weeks favourable to hybrid trusts (forrester from memory).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Deeds also need to be constantly updated as legislation changes too and circumstances change.
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 ask one of the banks if you need to declare personal guarantees and see what they say.
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
Most properties have problems, especially 50 year old ones.
I would try to withdraw your offer and then make a lower offer – work out approx how much it would cost to fix.
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 sign anything without running it by your solicitor.
Personally I would amended it slightly by specifying a bank and the loan amount. If they don't accept it you can say you will find someone else.
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
YEah, no need to cross collateralise.
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
Try Michael
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've been a broker for 10 years and don't believe it is possible to do as described. I am surprised that it is being promoted again.
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
I am reluctant to say anything more as this is Steve's forum. Its a good marketing concept – unlimited finance!
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
Gifting = same as selling for GCT and stamp duty
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
http://www.guardianpartners.com.au
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
Transfer = sell
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
ArnieS wrote:There have been some really good comments. Asset protection is over-argued and in most cases will only apply to the very rich. Complex structures are often set up with no commerciality in mind. If you are using negative gearing as a strategy to build wealth – you will need to access the equity to continue the strategy. You don't want to trap your equity. The banks are going to get the properties via guarantees, mortgages, fixed and floating charges. Let us assume that M Y is going to build up a portfolio of investment properties. 1. Put the first few properties in their personal names. 2. Use negative gearing tax advantages. 3. Take advantage of the land tax thresholds. 4. When the properties go cash flow positive, start putting new properties into trusts etc. The old properties can stay where they are. 5. If you are worried about getting sued, buy better insurance. 6. If you are worried about getting divorced, get a pre-nup. If you are already married, the Family Court can look through all this. 7. If you are worried about your son or daughter in law getting hold of the fortune that you have built up for your children – use complex trust structures. Cheers ASome good points there, but 5, insurance won't stop you getting sued or cover you in many situations.
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
s 116-30 ITAA 1997
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s116.30.htmlWill be similar for stamp duty too.
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
This is a common question lately.
The answer is that this is not possible because personal guarantees will be required.
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
ANZ uses a number of companies for valuations. It will vary from area
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 would split up the assets into a number of discretionary trusts.
All trading should be done via a Pty Ltd company with shares owned by a discretionary trust.. Probably split up the trading into a few companies. These companies should not own any assets, business asset should be owned by a separate serivce trust.
I would also have another trust take out options to purchase properties owned, 2nd mortgages and long term leases to help with asset protection.
You might even want to thrown in a trust set up in a tax haven. Still can declare your control to the ATO, but it add another layer and another jurisdiction to make suing you much harder and more complex
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
keiko wrote:what if the unknown happens and the house is not rented for 12 months but ozinvest goes broke on week 1, I might be out of pokcet $30k unless the directors personaly gauranteed itYou also might be out of pocket $30,000 even if the directors guarantee it.
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
Directors guarantees can also be without substance too. If the director has no personal assets then you won't be able to claim anything. Or even if they do have assets there could be hundreds of people making the same claims.
Guarantees are good to have, but just don't think they mean much.
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



