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

    I gift is not returnable a loan is.

    So say you loan it to the trust and then you go bankrupt, that money is still yours, it is just being held by the trust. So the money loaned would be available to creditors.

    If you gift it is much safer – but gifts can be reversed under the bankrupcty Act under a few circumstances such as if it was done with the aim of defeating creditors etc.

    There are also tax consequences. claiming of interest etc

    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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    What about finance. THese units are very small so you will probably need a large deposit of maybe 30 to 40%.

    Low capital growth too. one of my friends had one there and was trying to sell about 10 years ago for $130,000.

    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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    You are crazy running a partnership. Best to run your business through a company so that if something goes wrong it is the company that is sued. Shareholders of a company have no liability. Directors can sometimes go down with a company if they have done something illegal, but even they are usually safe if the company is sued. it is best to have one director though as some times personal guarantees are requested in business (as they know suing a company may not be worth anything).

    So run your business through a company for starters. But get some advice as, depending on your business, there may be CGT and stamp duty issues to transfer over. There may be also opportunities to save tax too.

    Then look at protecting your assets from non-business litigation or other potential problems. you can do this by using discretionary trusts to hold future assets.
    For existing assets it may cost too much to transfer, such as stamp duty and CGT, and there are other ways to protect them, so best to get some advice there 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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    can't see how an agent could claim a commission from an offer.
    Just because someone makes a verbal offer doesn't mean the person will buy the place. The person making the offer may not even have finance for all you know.

    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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    All loans should be interest only. A separate loan should be added on the first one to access any equity. Not so efficient to use redraws. try to borrow the 20% deposit and costs from the 2nd loan an then get a stand alone loan for the remaining 80%.

    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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    Some points:

    – you can only claim 1 property at one time (except for a 6 month overlap period) as your main residence
    – No time limit is listed in the legislation.

    So as long as it is your main residence you should be ok. The ATO has put out a TD on what they look for to establish if a property is a main residence. TD 51.

    If you are buying and selling like a business, there is no exemption from tax – even if a main residence.

    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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    Yes, it probably is a breach of the mortgage agreement. Technically you may require the written consent of the lender to lease the property. You cannot do anything without breaching!

    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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    Sounds like you have a mess there.

    You should keep investment loans and private loans totally separate. Ideally never take money from a private loan for an investment loan. It doesn't matter where your loans are, as long as you have a good rate etc. Just make sure the investment is interest only and you are paying any extra money into your private loan – get rid of it asap. Or, use a 100% offset account against your home loan and save interest there.

    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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    Interest deductibility depends on what the borrowed funds are used for. In your case they were used to purchase a property which is now being rented so you should be ok. Original intention doesn't matter in this case.

    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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    I would suggest you look at not paying any extra off the investment property. Change the loan to IO and get a 100% offset account. By paying extra you are decreasing tax deductions and tying up your money which you will not be able to use (without tax consequences) for your new home – if you want one.

    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 could borrow up to 90% of both properties. So (add up the value of the current one and the future one) x 90%, then minus the existing loan and that is the extra amount you could borrow – subject to serviceability.

    Some banks may allow existing customers to got o 95% 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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    Maybe Doogs needs to do a few and see how you go. Then build it up, get your financials showing good profits and then quit your job. Another possibility may be to do it with a partner – preferably someone on a high income who could help qualify for finance while you do all the work

    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 had a mate who had one or 2 ATMs in his shop, think he was getting around $180pw for them. So it can add a bit to the income received – but you will need somewhere to put them, good location etc.

    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 not a bad idea to pay off debt, but better to pay off non-deductible debt first.

    Imagine if you still had a home loan and had 2 properties paid off. You would be paying high interest on the home loan – which you could not claim a tax deduction for. And you would be getting $500 rent with not much to offset this (deductions). So you will earn an additional $25,000 pa which goes on top of your other income so you are likely to have to pay a high rate of tax on this money.

    If you did it the other way around, you would have a low home loan (or nil) and would have interest here. Then you would have high loans on the investments so your profit there would be low and therefore little or no extra tax would be payable.

    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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    Holding costs is a problem. You will be paying interest and rates etc but not getting any income in. This all adds up.

    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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    I agree. IO loan with 100% offset with a major bank.

    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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    With the lending side, normally the banks lend to the legal owner of the property and there is no other party involved. But here you will have the legal owner as one or more trustee – this may be a company or you or two or more people. You want need the loans in a different name to the legal owner. Banks don't like doing this probably because it is more risky for them. If things go – they must take back a property that the borrower doesn't own.

    If you do find a bank that can do it (St G used to be one) the bank will take the property as security and then lend the money to the borrowers. Your accountant will arrange things so that the people are borrowing the money to buy the units. The bank doesn't really look at it as lending to buy the units, they see it as lending to buy the property.

    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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    Hi Kaiser

    Thought land tax may be an issue. Don't forget it is only on the land value, not the whole value. It is expensive and is deterring a lot of people.

    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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    Post Count: 16,213

    I think it would depend on the figures. Selling and then buying again will cost around 6% of the value of the property – plus you will have CGT too. THis is a lot of money gone.

    Another option, similar to your second one, is to set up a LOC and borrow to pay the interest on your investment properties and free up cash to pay down your PPOR loan quicker. It will convert bad debt into good debt. You will need a good accountant to look over this idea and maybe get a private ruling from the ATO – I know of one that already has a ruling, so it is all legal if done correctly.

    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 there is no point in investing if there is no capital growth. No point in getting $50pw cash flow for 30 years if it only grows at 1% pa. I would much rather losing $50 pw (initially) and getting 7% pa growth. Whether this is possible or not is another matter.

    I think you can buy a negative cashflow property with a SMSF, but you will need to cover the costs with continuing contributions.

    And, I would much rather just use shares for the SMSF. They are much cheaper to maintain and get into and out of. Property costs are high enough and when going in a SMSF there are even more costs – higher fees, higher interest too, plus you cannot access future equity for future borrowings (I think).

    Also it is good to diversify 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

Viewing 20 posts - 8,861 through 8,880 (of 16,328 total)