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Actually I looked at a St G app a while ago and it didn't ask for guaranteed loans to be disclosed, so I wrote to them and got a confirmation that they would be taken into account.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes, one of the tenants ran away – a midnite runner. I kept the option fee and all went to court to get an order that they had abondoned the property and got a judgment for money owed for the clean up etc. The property had increased in value a fair bit so I didn't pursue them for the debt.
Also had another property in which the tenant died inside. The family came back and handed the keys in and didn't want to exercise the option. That property had increase in value a fair bit too. I sold the property because of death!
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 forgive you Richard!
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
hi Trevor
The bank is relying on the guarantee. The company and trust are worthless. So if a person has guaranteed x number of loans and they cannot service anymore the bank will not lend.
The bank will know about your other loans as they will do a credit check on the person where they will see all of the other loans applied for personally and as guarantor for the last 5 years. They will also see which companies you are a director of and they often do a credit check on these too. They will also do a credit check on the company applying for the loan.
So when a person reaches the limit all you can rely on is increase your income – both personal and rents. You should also shop around from bank to bank as some are more generous than others and some have rules which favour investors.
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
Hi Trevor
For some reason this question is coming up a lot lately!
When you reach your limit having a new company/trust will not help you borrow more because the bank relies on personal guarantees. So if the person giving the guarantee is the same it won't really help.
Generally only a discretionary trust is good for investments because it offers asset protection and tax minimisation
It is also a good idea not to have too many properties in each trust – for asset protection reasons.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
Hi RIchard and Tamban
I think your wording there is a bit off and may confuse.
Tax deductibility depends on what the funds borrowed are used for. Redraw = borrow. So if someone redraws money and uses that money to buy an investment the interest on that portion should be deductible. It doesn't matter that the origin loan was used for an owner occupied home.
But this is not ideal because you will have one big loan with mixed purpose – part investment part personal.
So instead of using redraw you should set up another split.
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
Why would they be free? someone has to go out and inspect the property and note down al the different types of fixtures and fittings etc.
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
If you go into ASIC you can fill in the forms yourself and get it done for about $400.
I have formed some using law central and you get nice forms and minuites, but really you are paying for them to fill in the ASIC forms for you and to give you a bit of advice with each question – which is good if you don't know much about forming a company. I would suggest you register there and go and make the company and read all the tips – you only pay at the end.
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
There are many different ways you could structure it.
eg:strike price, is it
a) fixed or
b) increasing or
c ) decreasingDeposit – there is usually no depsoit as it is an option you are selling, so you may have an option fee instead
Option fee
a) is it refundable (not usually)
b) does it come off the purchase price?Rent, does it
a) reduce the strike price, or
b) notThere are many combinations of the above which you can work with. Sit down with some figures and spreadsheets and run some numbers – otherwise you may be selling yourself short.
This is how I did it in the past.
add 20% to the value and this will be the strike price
Then work out the loan repayments on a 30 year loan, PI and take this as the rent.
Apply a small portion of the rent to the strike price so that it reduces like a PI loan so that after 30 years they have $1 to pay.
Add in clauses so that the rent increases with the CPIWhat I found was property prices increased and after a few years the tenants had much more equity than I did. But I guess this is what you pay for the weekly cashflow.
Another way may be to agree on a formula which will give them X% off the market value (average or 2 valuations, 1 by you and 1 by them) when they want to purchase. This way you will get some of the capital growth 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
The trust is a separate entity for tax reasons so it needs its own TFN and ABN and GST registration – if it applies. The company needs to lodge a tax return (nil usually) as well as 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
hi Grant
Please do a search for the IO loans and offset. I have been writing the same stuff over and over again almost daily for years now. I should write something in word and then just cut and paste.
Anyway, the 6 months will satisfy the requirements for the FHOG – but you have to check as each state is different. I think in QLD if you do not live in it for 12 months you need to repay part of the stamp duty which was exempt.
Also I think I forgot to mention fully above, but under s118-145 of the Income Tax Assessment Act you can actually be absent from your main residence and still treat it as your main residence for up to 6 years. So you can buy a place, live in it briefly, establish it as your main residence and then move back home with the parents (or anywhere actually). You can then claim all costs as a normal rental property (interest, rates, water, depreciation, loan costs, travel etc). If there is a loss this loss can be used to offset your other income. And best of all it is CGT exempt as long as it remains your main residence. Also if you were to move in and out again the 6 years starts again.
You can only have one main residence (whether single of between couples too) but it is a big help. Someone could use the years living with parents to save tax and really pay the loan down (or ideally into the offset) and then move in when the negative gearing benefits run out.
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
whats the values?
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 was going to say something similar to Richard.
If it was me, I would look at getting a house and using the FHOG and stamp duty concessions while they are still available. Live in the place for 6 months, or as long as required and during this time do it up as much as you can without spending too much. I would suggest you look at a 80% lend with the 20% coming from your parents in the form of a loan – have a written agreement in place. Make sure you get an IO loan with the offset and save as much as you can into this.
Then after 6 months move back home and save like mad for the next one. After a while the value of the first may have risen and this will help with the deposit for the second. But never cross collateralise the loans. This will prevent you for going forward as fast. Aim for 1 house a year initially and after a while it may speed up as equity and rents increase as well as your increasing wages.
Make a written plan on what you are going to do and when and check it monthly. Also make a written budget. And make a assets and liabilities statement and check it monthly and this will help motivate you too. Also work out watch income you need to 'retire' and how you are going to achieve it – eg 10 properties returning $5000 pa each.
Keep reading as much as you can as learn.
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
One misunderstanding there is tax. The corporate trustee is a trustee so it doesn't pay tax at all – unless a distribution isn't made. Any profit of the trust would be distributed to beneficiaries and they pay tax. If the beneficiaries income is low the tax paid may be less than 30% if the benefciaries income is higher then a company can be set up to act as a beneficiariary and the tax can be capped at 30%.
But to have a distribution the trust must first make a profit. You will probably find that if you set this up the trust would have a large loss. This loss can only be used to offset other trust income, not your personal income. So there will be little tax saved.
Even if your trust had a postively geared property it would probably turn negative with all the depreciation from the furniture and plasma TV etc.
If the trust income was positive even after all these deductiions then the profit must be distributed and depending on where it goes tax could be payable. As years pass the rents will increase and depreciationd decrease so you will end up paying tax on your own property – If you owned it in your own name you wouldn't!
Add to this the fact that there is no CGT exemption and more land tax will be payable too.
However it can still be good if your circumstances allow – eg.
-You have another property which you are claiming the main residence CGT exemption on
– You have reached the land tax threshold anyway
– You only intend to live in the place briefly before renting it out
– you own a business which you can use to divert income into the trust to offset any loss and save tax.You just have to plan ahead – years 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
hi aaabbbccc
Not sure on the franking credits.
Do a google for trusts and read any document from the major law firms. There is heaps out there. taxlawyer.com.au is a good one as is lawcentral.com.au
Also look at the ATO legal database.
I just found these on shares and trusts:
http://law.ato.gov.au/atolaw/view.htm?docid=TXR/TR9213/NAT/ATO/00001http://law.ato.gov.au/atolaw/view.htm?locid=%27AID/AID20021070%27&PiT=99991231235958
http://law.ato.gov.au/atolaw/view.htm?rank=find&criteria=AND~franking~basic~exact:::AND~credits~basic~exact:::AND~discretionary~basic~exact:::AND~trust~basic~exact&target=JA&style=java&sdocid=AID/AID2004859/00001&recStart=1&PiT=99991231235958&recnum=12&tot=73&pn=ALL:::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
Just keep reading. Read everything you can about trusts and SMSFs
See http://www.trustdeed.com.au for some good strategies on buying property in SMSFs. It sounds very good, but once you have the property and the loan you will be unable to access any future equity to buy more. This makes it unattractive to me.
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
hi TLC
Thanks for that. I don't want to make you feel bad after already investing so won't say much more! $9,000 pa is good cashflow.
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 can't understand why you would buy something that you think may go down in value and will be difficult to sell. Really!
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 think the franking credits would have to go with the unfranked portion.
There are some things to watch out for with franking credits and DTs. The trust must make a family trusty election, and if there is a loss the franking credits are lost.
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
Adam
Yep you would have to notify the bank as the trustee is the legal owner of the trust property so the bank account must reflect this. Same with adding a company.
If your trust is only going to be buying shares then the trustee doesn't matter so much. There is little risk of the trustee being sued – or none really – in owning shares so a person can work well. But if you are getting loans etc and/or buying real property one trustee would be better and a company would be safer still- with only 1 director.
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



