Forum Replies Created
There is not much you can do to help really. You could buy a house and offer it to her to rent at a reduced rate – but you say you don't have much cashflow. You could wrap a property to her, that is you buy it and sell it to her on an installment plan. She pays you off over 25 years with a margin on the interest rate so you make a small profit. Maybe later her financials will improve and she may be able to refinance with a bank and pay you out.
Another variation is rent to buy. You charge her higher rent and in return she gets to buy the place off you for a discount. ie part of the rent goes to reducing the price she will pay.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Oh, and I wouldn't make the IP loan PI but leave it as IO with an offset. park your $300k in there without paying the loan down in case you move 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
dirty sanchez wrote:Here’s the scenario ;
Current PPOR value $600K , loan #1 mortagae $300K with $300K cash in offset account, in both mine and wifes names.
IP purchased for $500KLoan #2 80% $400K interest only loan in my name.
Loan #3 20% +costs ~$150K interest only loan secured against PPOR in my name only via security guarantee from the wife.
The idea is the IP has max tax deductions against my income, with no x collat.
Lets say In a few years we plan to move into the IP.
Remortgage the loan #2 $400K to P+I + offset, take our $300k cash into the new account.
loan#1 300K remortgage to IO , will still be in joint names. (not ideal for tax but no show stopper.)
Loan #3 ~$150K interest only loan remains the same ? should still be fully deductable against my income as the purpose is for investment, the security has not changed, only the actual investment has changed ?What was loan 3 used for? Sounds like it was used for the deposit and costs for the IP. If so and your move into the IP it will no longer be an IP and then loan 3 wouldn't be deductible.
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 sales person may not care about whether you can afford it or not, they may just want their commission. Be careful.
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
Normally you would wait till your have paid off the loan on your main residence and then you could start paying PI on the investment loans. But I would still suggest IO with offset is better. You will get equity by the increase in value of the property and the increase in the savings in the offset account. You can use this at any time to pay down the loan – but again I wouldn't suggest you do that. better to use the money for the next one etc.
Don't worry about paying off loans – other than your home loan. Just keep on investing and you will be better off as long as the investments are returning more than the interest.
Actually you may worry if you are the kind of person to just spend money. paying PI can be a form of forced savings.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
blackaroma wrote:Hi,
Can anyone tell me is a am liable for stamp duty if a want to buy my parents house in Victoria. Would I be exemp under Duties Act 2000 – SECT 32W???I don't think so. it says 'subsequent purchaser who obtains a transfer right from the first purchaser'. I think this means if a person sign a contract and then later adds another before settlement.
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
These days 10 year interest only is readily available. Either way, I would suggest you extend the IO period another 10 years – or the maximum. You won't pay more interest overall if you keep saving in an offset. You will if you squander the money.
I would never have a PI for a loan. even owner occupied.
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
Different states have different procedures. If the other party has your contract just make sure you put it writing that your offer is still subject to finance. You should be using a solicitor for all this otherwise you may get locked into the contract.
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, sounds like a good strategy, but…
The only potential problem is you are paying down tax deductible debt. Say you put an extra $100,000 into the loans and then later decided you wanted to buy a place to live in. That would mean you would have all your money tied up in the investments and you would have to borrow another $100,000. that is another $6,000 pa in interest which you could not deduct.
On the other hand say you put an extra $100,000 into a 100% offset account. You would be saving the same interest as the first method without paying the loans down. You then go an buy your home, you have $100,000 deposit, which is taken from the offset. You are now saving $6000 in interest off the home loan, but increasing the investment loan interest by $6,000 (as the offset is no longer there).
If you were on the top rate that is approx $2,600 in tax saved. Without any effort. Imagine if the figure in the offset was higher.
The only time i would not recomend this is if you will be tempted to spend the money in the offset – some people need to spend every cent they can get their hands on and a PI loan is a way of forced savings.
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
Although real estate agents are allowed to fill in the details on a contract you should get your solciitor to do that. Never trust an agent is my policy.
You will need to get an extension. whatever you do don't exchange contracts in case the finance is knocked back – or you could lose your deposit and be sued.
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 your scared of making money??
Put the rent up as high as you can. thats what it is all about.
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
ToWhomItMayInterest wrote:doogs1357 wrote:So if I'm making an annual reportable income from the profit from these projects will the bank take this income into account when assessing me for a loan?
I think you need a track record of 2years to be recognized for Traditional fundingyes
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
There are plenty of +ve proeprties out there, but ususally they are in 'bad' areas and suffer from lack of capital growth. These are not worth touching.
ideally you will find one in a major city or other area with growth prospects. There are still some around in Sydney for example – but maybe not for long with the rate rises.
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:I was told that banks only use equity in your property to fund another purchase if the loan is with the same bank. Eg this friend had a loan on a unit through ANZ, and had a small amount of equity in the property (estimated value – loan amount). They wanted to purchase a second property with another lender, but was told they could not use the equity in their current property as it was financed with another bank. Is this complete rubbish? Or does it have to do with the Bank doing their own valuations, so that if they are happy with their own valuation, they will provide more finance based on their own equity assumptions..My personal situation is i have a loan with a big four bank, and about to purchase a 2nd IP and want to know whether i have to stick with the same bank for a new loan, using equity in my current property as valued by them..
This is generally true. The second bank would have to take a second mortgage behind the first bank and they don't like doing this.
A better way to do it would be to set up another loan on the first property with the first bank- ideally a separate loan and not just an increase. This is then used a deposit and costs for the 2nd property and the remainder borrowed with another bank. That way the properties are not cross securitised 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
get the rent paid into your offset account attached to your home loan, not the investment (unless you home is paid off). This will save you non-deductible interest. From there you can get the repayments on a direct debit. make sure you investment is interest only 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
a.
b would not be wise – you would just be creating an income which would be taxable and then have a non deductible mortgage.
Buy the house, PPOR, and then mortgage it to get the investments and you will be much better off.
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
vsdabhi wrote:Thanks a lot. I need to ask bank whether I have off set account. When I borrowed for my last property, bank asked me to cancel withdrawal facility. It was last year, I have to ask. Thanks for help.If you have to ask then you probably don't have one – you should know about it.
Always pay off private debt first and then reborrow to invest. You will have the same amount available but more deductions.
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 you should try to use descriptions such as wife, husband etc and not specific names – but this may limit the extent of beneficiaries. eg. you may have a friend and name him, and then all the wives, husbands, children etc of him may be included. But if you don't name him they wives etc may not fall within your description, but he could still be included by being a shareholder of a company in which you also hold shares.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Mistresses (and the male equivalent?)
cousins
step children
step grand children
adpoted children
any company in which a beneficary is a shareholder, director or secretary
any trust in which a beneficiary is appointor of, trustee or or unit holder of
etcMost deeds will be worked broadly so all these, or most, are included already
From lender POV, just be careful with naming beneficaries. Some lenders (the evil ones) require every adult named beneficiary to guarantee the loan. You may set up the trust so the wife has nothing to do with it, but is listed as a benefiary by her name. The lender may ask for a guarantee from her. You don't want this as it will hurt her serviceablity and adds to your risk.
or worse . You could have set your trust up, gotten a pre-approval and then exchanged contracts. You then go for a full approval and then the lender suddenly asks for the details of Mr X, a son of yours, who is named in the deed as a beneficiary. X has bad credit and doesn't want to give a guarantee anyway. But the lender won't budge and refuses to go ahead without him giving filling in an app form and giving the guarantee. This actually happened to a client of mine with a lender called RAMS. We quicklyhad to rush another application in with a different lender nad he nearly lost his deposit.
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
An accountant can help with the tax aspects, a solicitor with the legal aspects. What are you trying to ascertain?
There are not many tax advantages to you if you rent from the trust. Just think of it as renting from someone you don't know. You may be able to get a discount out of them on the rent because of the family relationship though.
If the trust lends you money to buy, also no real advantages. Just think of it as borrowing from a third party – except you may get a discount.
I think what you need is some sort of investment strategy.
eg you may be able to buy in your name by borrowing from the trust. Get the FHOG etc, then mortgage this property (if the trust allows it) and get a LOC which you can then use for further investing. to do this will need legal advice on mortgages etc. But before the legal advice you need to know what you are going to do generally.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



