Forum Replies Created
QCM
Neil Jenman's argument to that is the TIC claims it is a 'club' and offer free services when in fact they are making large commissions. Does it really matter if the end result is a house no more expensive than others in the area? I don't know!
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
Interest only periods are limited. Often 5 or 10 years is the max, depending on the bank. At the end of the IO term you can ally to change it back to IO for another 5 or 10 years, but this may depend on your circumstances at the time as most lenders would probably want to see evidence of income etc.
I beleive the MISA account is not a true 100% offset account.
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 see your point. if they slap a caveat and challenge the withholding of deposit it could take years to resolve. Then you are stuck with the place. Best to speak to your lawyer, probably while trying to resell asap. They may not have grounds for a caveat if they have breached the agreement and it is properly terminated. They will no longer have an equitable interest in the property then.
good luck and please keep us updated.
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 recall recently reading that the investors club is suing Neil Jenman. think it was mentioned in Jenman's recent email newsletter.
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 work spud.
how did you find the finance – was it from someone reading thispost?
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 Nitdrops
What product is that? Is it the portfolio loan? It is a very good product, with ability to split the sub accounts etc. But from a tax point of view it can be less than ideal. I would only use a LOC for accessing built up equity myself. IO loan with a 100% offset is preferrable for other uses – and a cheaper rate.
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 agree that you need legal advice – that is it why it is best not to use a conveyancer for conveyancing!
In NSW you can terminate the contract by issuing a notice to complete and waiting 14 days. If they do not settle by then you can terminate the agreement and keep their deposit. If they have not paid 10% deposit, you may be able to claim the remainder, depending on the wording of their contract.
You can also sue the purchaser (this is under clause 9.3.1 of the standard contract of sale) and claim for any shortfall on the resale (within 12 months) and for costs and reasonable expenses incurred due to their non-complicance.
Before you start suing you should establish if they have any other assets – or you may expend money in legal fees and win, only to find they declare bankruptcy.
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 recall now (memory fading!) that one of my clients made me attorney for him and his trust with a corporate trustee. I still have a copy of the document (and may go sell one of his properties for the sake of it!).
The document is a bit longer than a normal one (9 pages) and It was drawn up by group of lawyers, ie specifically designed and tailored to cover his trust with specific clauses.
No specific clauses relate to the company, though it is mentioned with the director signing as director in addition to signing as an individual.
hope this helps.
(if i recall it cost him a few hundred$$ to set up)
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
Interest on borrowings to pay investment expenses should normally be deductible. the fin plan is an investment expense.
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
ANZ, Westpac………….
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
L.A Aussie wrote:Terryw wrote:You are assuming Spud had kids while on the pension.
What should he do if he kids came first and the pension second? Adopt a few kids out ???
And what is a solicitor loan? They don't exist!
True; I did assume he had kids while being able-bodied and working.
I still think having 5 kids in this day and age is impractical unless you are earning about $1 mill per year – that's if you want to have a decent lifestyle as well.
Most people I've seen with this many kids struggle their whole lives. Maybe they are totally happy?
I'd rather put a lot more quality time and quality life into 2 kids; take them on nice holidays, buy them decent things, put them in good schools.
Our family doctor has 5 kids, but he has a practice, and his wife is a nurse who does agency work and earns a nice income without having to sacrifice too much time away from the kids. Their lifestyle is very nice.
For the average earning Father, with a Wife who stays at home with the 5 kids……a life of less is guaranteed – unless there are generous Gubmint handouts.
No thanks.
It's a conscious decision. Some may say it is mercenary. I say it is about having the best life you can, and have kids in it.
The tricky part is balancing the number of kids with the income.
Most people don't think about this in my experience; they just plow ahead and pump 'em out. That's fine; but they invariably end up in the same boat as our mate Spud for one reason or another – they lose their job, or their health, or both etc.
As for the "Solicitor Loans" these are like a second mortgage loan they provide from trust accounts. They do exist – not all solicitors do them, and they are higher interest rate. They are usually short -term. We have done two of them over the years. Work well for a short-term solution.
hi Marc
I think you will find solicitors cannot lend out the money in their trust accounts – they would be struck off.
However, there are private funds available, usually the money comes from superannuation funds and religious institutions. LVRs would be around 70% though. So I don't think it would help spud.
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
Usually they are very conservative! The Govt uses the value for calculating land tax.
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 have both of these. Rates are pretty similar and (and products too), but you may be able to get an extra discount with westpac, depending on the size. ANZ are getting a bit funny with their requirements these days and I prefer Westpac for their service as well.
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
cosmic wrote:For me, this is the most confusing part about entering the IP game, for the moment. I would like to learn more about this. What should I read?Just read the posts here. Best education there is.
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
looks like your doing well with the property so keep it up i think.
I would suggest you use IO loans with a 100% offset attached. This way you can save the same interest without paying the loan down. So if you ever decide you need the cash it won't be tax complicated – eg you may want to buy a PPOR.
Also look at setting up a discretionary trust for the next one.
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 should seek proper advice as there are various CGT implications. If the property was previously a owner occupied property, or was purchased prior to 1985 it may be possible to sell without CGT implications – but I think this must be done within the first 2 years of transfer.
So it may be an idea to look at the figure for you to sell that property and use the proceeds to pay off your current house. Then you could reborrow to buy another property. This should save you heaps of non-deductible interest on your own loan and save you CGT, but will incur stamp duty. so you have to assess if it is worth it.
If you just take out a loan on the new investment property and pay off your current home loan the interest won't be deductible (as it is a private expense, borrowing to pay private debt).
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 remember years ago a bank worker telling my parents they should be paying off an investment loan as fast as possible – while they still had a owner occupied mortgage.
I also see client with loans set up incorrectly from the bank they went with. eg. LOC for an investment property where all of their salary is deposited. THis is a tax disaster.
So it is good to not beleive anything on face value, but to see further opinions and to ask why something is recomending a particular product/strategy.
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
Pre-approvals are really meaningless. Most brokers should be able to generate a pre-approval online in 10 mins. If the broker does not have access to the online system he will have to send in the docs and have them input by bank staff. St G is not providing any priority to doing pre-approvals at this time as they are too busy with the full approvals.
If you can get a pre-approval with one lender, i would suggest you just wait until you find a property and then re-assess who you will go with at that stage. Having the pre-approval may only save a day in processing anyway, so no big deal.
What you should be concerned about is the full approval.
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
Any broker could set this up for you – usually without charge, but companies that call around, unsolicited, often want to charge a few thousand (+ they receive commission).
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 Joseph
I don't think so as that doesn't include depreciation. He would be crazy to claim part of his mortgage for the office as he would lose the CGT free status on his home (on that portion claimed) – which would end up costing much more than the few dollars saved in interest.
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



