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

    I was just thinking of all the capital gains I could have had on those properties that I wrapped. If only I had kept them.

    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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    Its going to be cheaper than renting and you will get to own the place and get all the future capital growth. Rents will also increase year by year so the benefits will increase as time goes on.

    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 think the FHOG won't be around for ever, so you may as well use it while you can. Living in the property initially will also help making it CGT free.

    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

    CGT is calculated on the date of the contracts, so having a long settlment could still mean you fall within the 12months.

    Not much you can do now to minimise CGT, but if you had the property in the trust all the gain could have went to you and you would have saved a bit.

    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

    I am still a fan of LOE, but it is a bit harder now than it once was.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    1. Never lend anyone money!

    2. Never do wraps!

    If I followed these 2 I would be rich!

    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

    Your accountant is an idiot!

    Setting up a trust down the track after you have several properties will probably cost you hundreds of thousands of dollars in stamp duty and CGT.

    your incomes may be low now, but what about in the future. What about each child receiving $3,000 pa tax free – this alone could save you a fortune in taxes.

    What about the estate planning and asset protection benefits of a trust?

    You would never buy a property in a company anyway as your will lose CGT 50% discount. Only look at discretionary trusts.

    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

    Damn, you have blown your chances now.

    Westpac could probably do it if you were self employed for 1 day or more.

    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

    If you buy t live in you will get a CGT free asset, maybe the stamp duty exemption and FHOG too. You will have an asset which will be growing in value. If you invest you will also have an asset growing in value though.

    The major different is the monthly cashflow. If you rent what will the rent be like in comparision to the repayments on buying? How much cheaper would it be to rent?

    Also remember rent tends to go up every 6 to 12 months and you will have the added hassle of not being in your own property so cannot do improvements, do the garden up etc and could get kicked out when the lease expires.

    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 check the building – structurally etc with a building report and you should check for pests such as termite with a pest inspection. These are optional and some people don't get them. You pay for them too.

    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 some sums and compare the two. If you buy the investment I presume you will have to rent, so you will need to take into account rent payable, increasing every 6 months and the CGT payable on the investment if you were to sell.

    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

    yes.

    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 be able to do this with a major bank such as ANZ – if the property is in personal names, and subject to serviceability

    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

    Why put your own phone number on a website? just make it up and save yourself and your private information from being exposed.

    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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    mortgagedetective wrote:

     
    For example if you found the Kohler bath tub you wanted at $2,500 from one retailer, then the same tub down the road for $2,000, would you seriously pay $2,500?

    This is identical to the retail brokers versus mortgage rebate broker situation, only we're not talking $500, we're talking $31,000!

     

    If we were looking at bathtubs then that analogy would be valid.

     

    But we are talking about loans here. If you are looking at getting 1 loan and know which bank you want and have a pretty standard income etc then it may be wise to go to a rebater.

    If someone wants to get multiple loans and has a complex situation then this may be counter productive. This is because certain skills are needed to plan the application for loans. To maximise serviceability certain banks need to be applied for before others, certain mortgage insurers need to be used for others etc etc.

     

    A rebator could have these skills, but it is unlikely. If they did have these skills they would have plenty of clients and would not have to rebate.

     

    A think a better analogy may be to barristers rather than baths. If you are up on a murder trial (and are innocent!) would you trust legal aid, or would you hire the best barrister you could afford?

    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

    Hi Darren

    This is a complex and confusing area. I suggest you look at the PDF booklets on http://www.bantacs.com.au

    I think you can claim the CGT exemption on the new block up to the time it ceased to be your main residence – which is probably at sub-division. So if you were to sell the land now your cost base may be the value at sub-division so if you selll more than this, then you may have a CG (and then costs can be used to offset it).

    There is no real difference in CGT between land and house/land.

    If you are only going to make an extra $35k by building on it, then it probably isn't worth it. There is not enough profit in it. You will need to factor in holding costs for 6 months – and blow outs in costs and time, plus stress.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Many things to think about.

    Depending on the size of the place you may be able to use the PPOR CGT exemption, depending on whose name it is in and how it is set up – but you only get one property as your main residence.

    You also need to consider centrelink benefits, land tax, and asset protection issues – eg if a future customer staying there were to fall over and break their back. You also need to consider non-financial aspects such as the benefits of the parents living there. Also estate planning needs to be considered – on death of one of the parties how and who gets their share etc.

    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
    Participant
    @terryw
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    Post Count: 16,213
    Singer wrote:
    mortgagedetective wrote:

    "I wouldn't dream of offering $32,000 below the asking price After all they've gone to the trouble of renovating and used their expertise to get the colours right… I'm not that good with colours"

    Hi Michael,

    I don't think your analogy is in any way comparable.

    If you get cut price mortgage broking you are getting cut price expertise.    Over the long run, if you get a loan or multiple loans which are structured in just the right way for your situation, then a buyer can save hundreds of thousands of $ over his/her  investing life.

    There is no way I would risk getting loans from anyone but an expert /full service mortgage broker , and that person is not going to be in the commission rebate game.

    Thats right. Only an inferior broker would be offering rebates to try to attract clients. The good ones would possibly charge additional fees.

    If you were arrested would you go for legal aid (and ask for a rebate!) or hire a top lawyer?

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi

    IO = Interest Only

    I think Steve was probably recommending loans not be cross collateralised.

    Loans can still be cross colleteralised if each loan has a separate number. .
    eg. PPOR value $100,000 with a loan of $20,000
    IP 1 value $100,000 with a loan of $120,000

    Each would be a separate loan number, but these loans would be cross collateralised – because the loan on the 2nd one is more than the value.

    Maybe Steve was referring to not having one big loan, which is even worse,
    eg. Loan 1 $140,000 with 2 properties securing it – PPOR and IP2.

    The best way to do the above is
    PPOR,
    Loan 1 $20,000
    Loan 2, $60,000 (can be a LOC)

    IP1
    Loan 1 $80,000

    The loan 2 would be a limit of $60,000 (bringing it to 80% LVR), but the balance would be nil untill you used or withdraw money.
    When you find IP1 you take the 20% deposit from loan 2, and you borrow the remaining 80% from loan 3.
    This way all loans are stand alone, with no crossing of security.
    Loans 1 and 2 must be at the same bank, but loan 3 can be with any lender.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    WJ wrote:
    Hi Richard,

    I've only read it in the book and I didn't understand, thus the post.

    Could you give me an example of a correct structure of loans vs a risky one?

    For example if I have one primary residence and three IPs, what would be the best way to structure the loans as to avoid cross collaterialisation? What are the risks involved with cross collateralisation of loans and how to manage such risks?

    Best way would be:
    PPOR
    Loan A, main loan, with 100% offset
    Loan B, separate loan used for deposits for investment property

    IP1
    Loan C, IO loan.

    IP2
    Loan D, IO loan

    etc

    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

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