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I think you would be running a business and so would need a work visa.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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see the pdf booklets on http://www.bantacs.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
ANZ just changed their policies, max 2 units per title now under resi
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
Sounds like a sort of insurance product. The Investors Club got into trouble with something like this I think. Is your product licenced (is there a requirement?)
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
What you need is a property specialist lawyer. You are really just lending the buyer money so you will need a loan agreement. You will also need to take some sort of security for the loan such as a second mortgage and you will need a lawyer for this. Not sure what you mean by escrow. The contract will be suject to you offering vendor finance I assume and the finance will be supplied at settlement with reduced purchase price.
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
You will need to convey it to the trustee. Transfer documents will be needed etc. You will be up for legals on the sale/purchase but this should be less than a normal transfer as all the checks won't be needed.
You will also need to discharge the mortgage and pay any exit fees and then to reapply for the loan in the trustees name.
I would suggest you talk to a good lawyer as there are many st rategies whereby you can keep the house as is and still obtain asset protection. All this without losing the CGT exemption and without 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
Well, you would need a formal loan agreement and stamp duty may be payable in your state. And, to make it an authentic transaction you need to pay the money over. Otherwise it may be a scheme to defeat creditors.
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 should point out you will need to be careful of the clawback provisions of the bankruptcy act too. This transaction could be undone if the person were to go bankrupt within 5 years if the transaction was done with the intention to defeat creditors.
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
Say you have a property worth $100,000 with a loan of $30,000. That means you have $70,000 exposed if you are sued.
So what you do is gift $70,000 to your trust. Your trust then lends you $70,000 and it takes a second mortgage over your property as security.
I am not sure of the taxation implications. The trust should probably charge you interest to make the transaction commercial. This interest may be deductible depending on what you used the funds for. This would in effect shift income from your personal side to the trust side. The trust can then distribute the income to the lowest tax paying beneficiaries available to it.
This will acheive tax minimisation and asset protection without actually having the property owned by the trust, or incurring stamp duty/CGT by transferring it to the trust.
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
yep, its true
see the tax act, s 118-145
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.htmlTerryw | 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
Yep, you would need one PPOR per couple – best in the name of the person with less risk.
Buying in your own name exposes your property to risk and to high rates of taxation and there is no flxibility at all.
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
Can you get the FHOG, move into a property for 6 months and then rent it? Move back with your parents if you can and save even more.
By moving into a property and then out again before renting it you can keep it CGT free for up to 6 years.
So what you do is to treat one IP as your main residence, keep buying 5 or 6 more and then when you want to retire you sell the one that is counted as your main residence and get the proceeds tax free. You then move into one of your IPs, keeping the money in the offset account so hopefully you will be paying no interest at all.
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
$50,000 pa from 5 properties. That seems a reasonable plan.
say they were $200,000 properties. you would need around 10% deposit for the first one = $20,000. How would you save $20,000? Depending on your income you may save $200 pw over 100 weeks or $400 pw over 50. You may already have some saved, so it may be quicker. If you have FHOG it may be very soon.
Once you have that then keep saving. ideally in an offset account. Your first property (after its rented if FHOG) may be paying for itself, or very close. Get all the depreciation reports done and save tax while keep saving. At the end of the year you may get some tax back and this can go towards the deposit on the next. Keep trying to maximise your wages too. Do what you can to get high rents too.
After a while the growth will happen and your incomes will start to increase. Try not to increase your spending but keep on saving and ti will become easier and easier to get more property.
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
yes, but you could do this with any property.
LVRs are lower for super fund lending.
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 agree MC
An options agreement is just a basic contract, nothing special. Solicitors do them all the time. But what you need is the technique or strategy on how to use options that is the hard part.
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
An option is a separate contract. The terms can vary greatly, but you would basically pay a small premium, the option fee, and this would give you the right, but not the obligation to purchase the property during the period of the option. During this time they cannot sell the property to anyone else (you have the right to lodge a caveat too) and they must sell it to you as per the terms agreed upon. Its good for the buyer as they can tie up the property while doing further checks etc, and it is good for the seller as they get to keep the premium if you do not go ahead.
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
Your offer was accepted by the agent, but what about the seller? Also as GOM mentioned, acceptance doesn't occur until you sign and exchange.
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 would work out your budget for now and for the future – ie how much do you think you will need to retire, or reach your goal.
Once you know that then you can work out how to get there. ie how many properties would give you that much income. This doesn't necessarily mean they need to be paid off completely either.
Once you know roughly how many, plan how you are going to buy them. ie save 5% deposit, get the first one, wait x months and save deposit and use capital growth for the next one and so on.
Try to be realistic and conservative in your estimates.
Then do some short term goals. eg save $100 pw and have $10,000 by xx.
You can have some fun on a spread sheet doing this stuff.
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 just had a client this week whose bank (starting with a H) said he couldn't even afford what he had now, let alone getting another 1. Took him to another bank and he is able to borrow another $600,000 on top of what he already has.
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
Thousands of people form companies/trusts to buy property. I personally never buy property without using a trust. Do some more general reearch and find out some more information before you believe either side.
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



