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A client of mine paid the deposit and then his finance wasn't approved. I would wait rather than risk it. Don't sign with the builder until the bank approves it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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In Thailand a foreigner cannot legally own land. But there are a few ways in which you can get around things.
1. Form a company. The company must have a majority of Thai shareholders, some say 51% otthers 61%. You will need 6 Thais and yourself in there. It is best to try to get 6 people who do not know each other so it is harder for them to plot against you. You can also have different classes of shares – them with shares that have no voting rights attached so that you can control the company at all times.
This is less than ideal as you have minority shareholdings and things could change and your may lose control. There are also complexities with set up and tax issues etc.
2. Get a Thai person to own the land, you can then construct a dwelling on it and retain ownership of the dwelling with proper paperwork etc. This only works with new stuff tho.
3. Get a thai person to own the house and land and you can then enter into a lease with them for 30 years (the max) with the option to renew twice, so a 90 year lease in effect. This can be registered on title and any prospective purchasers would be scared away.
But why would you want to buy in Thailand? it is very risky, much better and cheaper to rent in my opinion. Invest your money in Australia.
I would never buy in Thailand for a few reasons including:
– corruption is rife. Things can be changed for money – eg your lease may be removed from title, house may be mortgaged without your knowledge etc. you don't want to get involved with this sort of shit.– It will be difficult to get a loan there unless you are workign there.
– If you want to rent it out you will be ripped off by everyone – repairs, management, water charges, electricity etc.
– Politically unstable. Thereis a coup every 9 years on average.
– King is getting old, when he dies there could be large disruptions, political conflct etcInvest here and rent there.
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
Status of residency for tax is different to that of immigration. So you may find that you could have been an Australian resident for tax purposes at least part of the time you were absent from Australia. There are also double tax agreements between UK and Australia. So you may be been required to declare the Australian income from here over there too. But you should be able to claim a credit for tax paid here (and vice versa) so you aren't taxed twice on the same income.
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 tell the agent you will be taking the contract to your solicitor and then get hold of one, write in your clauses and give it back. If they refuse, insist or go straight to the vendor and tell them the agent refused this offer.
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
bator.h wrote:I'm also interested in what is required as I am about to rent out my first IP.If I have a property manager managing the apartment, do I still need to take out landlord insurance?
It may still be a good idea as you can be covered for things like damage to the property or loss of rent if the tenants skip out 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
Good ideas Euro. Only problem is these days getting cashout of a loan is hard. So may have to set it up as you suggest but borrow 90%, don't pay cash. Then immediately pay down the loans to $0 or $1 and have the money available.
Sounds stupid, but banks don't want to give people access to large amounts of cash these days. $10k is often the limit.
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 don't pay tax on borrowed money. But what you are saying you will do is really just shifting the loan from property B to A. Tax deductibility depends on the purpose of the borrowing and what the funds are used for. You are borrowing to pay down personal debt. So the extra interest on the increase won't be deductible.
What you could do though is set up a LOC on either property and borrow to pay expenses for property B. This frees up cash to pay off property A. You can even borrow to pay interest on property B. Using this method can save you thousands in tax – but you have to set it up properly and should get a private ruling first.
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, i think you should be able to. The agent is your ágent' which means that they are acting as if you. so what they have is really yours.
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
Its not that simple because you will also be able to take into account the rental income from the new purchase too. WIll depend on how many kids you have, credit card limits, car leases etc. Each bank is different too.
As a rough guide you can borrow, in total, approx 5 to 6 times the annual incomes – including rents.
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
Simple stuff really. There are not too many forumlas – not enough for a book anyway.
Yield is return divded by cost. so $5000 rent pa from a $100,000 property is 5%.
GST doesn't apply to residential property, only to new. 10% of sale price.
You may also be able claim inputs 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
Since they notified you that the finance was approved it is probably a binding contract. So you can issue a notice to complete and keep the deposit if they cannot – but then you have to resell it again. Or you could give them an extension. I would suggest issuing the notice to compete to get them moving faster and then holding off at the last min – if you wish.
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 rent out part of your home that part will no longer be CGT exempt. Saving a few hundred in tax could cost you thousands later on.
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
When you say you have mortgage insurance – this may not be correct. If you are referring to the mortgage insurance that you pay when you get the loan, then this only covers the bank if you default and there is a shortfall. You will still be liable and will be pursued by the insurance company to cough up the rest.
If you have mortgage protection insurance, then this will cover you for the repayments of the loans if you cannot due to illness etc. But these tend to be expensive and you would be better off with income protection, possibly.
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
chrisb123 wrote:Thanks very much for the feedback, i am starting to get my head around it now.. Only thing i'm still not quite sure about is..Once the 10 year interest only period finishes, all of a sudden my repayments shoot up through the roof??? With 4,5,6 properties or more, how do i service the loans?
Some options/points
– By this time rents should have gone up considerably too.
– You can also extend the IO period if you wish
– Sell 1 property and pay down debt.
– and hopefully your wage will have doubled during this period 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
Yes, probably right Richard. One way to avoid it is to use different banks. But in the end if you get a behind and the bank gets a judgment against you for a shortfall after repossession then they can come after all property you own.
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 liked peter spann's book on property. But generally the forums are the best place to read.
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 I think cashflow postive is the rent exceeds all costs
Postive cashflow may be negative geared, but after tax deductions it makes a cashflow profit (due to high depreciation usually)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
Have you been claiming anything on the investment? Like interest on the deposit monies etc? Actually, it probably doesn't matter even if you have. If you move in it can be your main residence during this period – and you cannot claim anything at this time, but can after when it is rented. You will also have no CGT during this period.
Not sure about the FHOG issues
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, there are no taxes on borrowed money. Well no income taxes.
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 basically a clause that the property you are mortgaging can be used for all debts owed to the bank. So not just the loan for the property but other loans or debts. This may include credit cards or even other housing loans with other people. You can attempt to negotiate this out of the contract, but it is a standard term and they will not delete it – unless maybe you are a huge client
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



