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interesting question and answer
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I have used various software over the years and nothing beats excel. You should be able to whip something up in excel. Maybe you would need 2 different tabs, one for the loan and one for the offset interest – treating it like a savings account – and then combine them,
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
PropertyPaul wrote:Do you have to have an AFSL to work for yourself as a Financial Planner?Well, you could work under a AFSL holder as an authorised representative without having the licence itself. You will still need to have the relevant qualifications which, i think, are PS146 or a diploma in Financial Services – which can be obtained in as little as 4 days.
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
Never believe a bank worker!
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
a value is only what a person is prepared to pay. You have paid $x for it, so it must be worth $x. If you do it up, or claim to have, or wait a while you may be able to get a higher valuation.
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 did 6 of these many years ago and would not touch them again.
The major risk is being locked into a option with the tenants benefiting more than you do. Don't allow long term options.
Other risks include being taken to the residential tenancy tribunal and being forced to pay the rates yourself (maybe gotten around by building this into the price of the rent). Problems with repairs maybe.
In my experience, you may gets slightly higher rents during the period, but you will get lower than market value when they cash out. That makes it harder to repeat as you will have limited funds available and the market will be more expensive to buy into again.
There is also the opportunity cost. You will eat up your borrowing capacity and miss out on other deals as your funds will be tied up.
Is your joint venture partner a licenced real estate agent? If not, will they be breaking the law by collecting the rent and managing it all for you?
I would strongly advise to be very careful in entering a deal like this. Feel free to email more details if you want me to look at it further.
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
It can be done with the unit trust, you can borrow to buy the units and personally claim the interest, but this leaves things very similar to buying in your own name anyway.
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
Use a quantity surveyor. They should be able to tell you the value of fixtures and fittings too which will give yo ueven more deductions.
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 with the above (and your partner). Pay the PPOR down, reduce non-deductible debt and then reborrow the $60,000 to invest. Interest on $60,000 is about $3000 pa. That could save you up to around $1500 in tax per year
Regarding banks and whether they will lend you – your overall loan amounts will be the same either way! If you use it on an investment you will have $60,000 more owing on your PPOR. If you use it on your PPOR you will have $60,000 more owing on your IP. Which is more tax effective?
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 Luke
You have had some bad advice there.
Bad on 2 accounts:
1) loans
If your trust is going to be the owner of the property, then it is the trustee's name on title. ie Your company will be the legal owner. So to get the loan in your name would mean the bank would need to lend the money to a third party. This may have been achieveable with some banks in the past, if you were the director of the company, but it is extremely difficult now.2). Tax
You say you have a family trust. I assume this is a discretionary trust. If you were able to borrow the money in your name, you then have to overcome the hurdle of making the loan deductible. If you were to lend the money to the trust you would be charged interest, and you should charge your trust interest as well, at commercial rates too. But the interest received would cancel out the interest paid. net result is nil.Another hurdle is that if your trust is discretionary, then there is no guarantee that you will get any distributions. The trustee has absolute discretion. So if you were able to lend your money to the trust with the trust not paying you any interest, you would have no grounds to claim the interest as there is no guarantee of any return on the money invested – ie it is commercially unviable.
If later on you have built up some equity in your PPOR and you get a LOC and onlend it to the trust (eg for the trust to use as deposits) then this is ok. the trust would pay you interest (income) and you would claim the interest you are charged. so net result is the trust claims the interest.
Maybe you were thinking about unit trusts.
With unit trusts each unit hold has a fixed entitlement, so it is possible to borrow to buy units in the unit trust, but still difficult to get a loan for this. It is also possible to tax deduct the interest on funds borrowed to buy units, but it has to be set up correctly.
If you had a unit trust, then youTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You will have to pay your share of the deal first before the bank will allow draw down of their funds.
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
You can't claim the new house is an investment if you are living in it.
If your old house is rented out, the interest on the loan used to purchase this house should be deductible. If you are living in the new place, then you won't be able to claim the interest on the extra bit used to purchase this as it is a private expense.
If the old house has the best CG prospects, you may be able to take advantage of the 6 year rule – which would enable you to claim this as your main residence. This could be CGT exempt for up to 6 years. But you can only have one main residence (per couple or individual). Just wait 5 years and work out which has had the biggest gain. If it is the old house and you don't want to sell you could move in again for 6 months and out again and the 6 years would start 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
L.A Aussie wrote:Terryw wrote:Rhys_Roberts wrote:Off topic and an arguably offensive comment but I just can't help myself…If you are on a pension and can only afford a house worth 110K and only have 50k then…
WHY DO YOU HAVE FIVE KIDS?????????????!!!!!!!!!!!!!!!!!
Rhys
Are you implying that anyone on a pension shoudn't have kids?
I must admit – I had the same thought as Rhys.
They can have kids – but 5??
Come on now; common-sense has to (but hasn't) prevail.
Kids are a very expensive past time – even if you are trying not to spend money on them.
Bottom line; if you can't afford them – don't have them.
yeah, yeah – "it's my right to have them" and all that – doesn't mean you should have that many. Maybe one or two with your situation. Anyway, you've made the choice and now you are here.
Spud, I would be looking to a solicitor loan, or one of those types of set-ups.
Much higher interest of course, but if its only $10k, then the extra cost won't be overly high.
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!
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
It is possible, but can be very difficult to do. You will need to make sure you can settle if you cannot sell. Stamp duty would also be payable by yourself and the new purchaser.
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
Thanks John. Good info.
ING is one bank which wholesales their funds. Depending who you go with the interest rate can vary as can the broker's trailing commission.
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
The 6 year rule only applies to absences.
A valuation would cost around $300 to $400 and valuers must be licenced. Best to ring and ask what lender panels they are on. If a major bank uses them = good.
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 think……. It you give someone a power of attorney, that they can act as if they are you. So if you are a trustee, they can act in your place. If you are a director, they can act in your place here too.
But, not 100% sure.
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
If you are doing that good at the shares, why not stick with that?
You don't really have much equity to play with in the property, and it is getting more difficult to get finance.
To get the 4 houses with each name, you would need to sub-divide the land up front. Otherwise, if it is one title, you will have one big loan with 4 names.
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
hi
I think you need to stand back and assess the risks.
There are basically 2 risks. 1 you are sued, and 2. the trust is sued.
If the trust is sued, it is actually the trustee that is sued. it would be the trustee that goes to court. Usually the trustee is indemnified out of the assets of the trust, but if these are not enough then they can be liable for the rest of the funds.
Running a business is risky. There is a chance that the business will be sued. So the trustee could be at risk. Having a company as trustee is good as it protects the individual. If the company has assets then these could be at risk – but your's doesn't which is good. Having a company as trustee is also good as it clearly separates your assets from the trust assets.
Now, if the company is a trustee of another trust as well. If the trustee company were to go down the other trust assets should, generally, be safe. The assets legally owned by the trustee company are not really the assets of the company, but are the assets of the trust.
Disputes can arise where it is not clearly established which trusts owns which assets. As you know it is the trustee's name that is on title. the trust isn't mentioned anywhere. So it can be difficult to prove which trust owns which asset. Having separate trsutee companies would make this clear.
You should also consider the risks of loans. Some business transactions require giving a charge over the company. This could affect future borrowings if the same company is used for the real estate trust.
Setting up a company now costs about $400 and about $212 per year in ASIC fees. A nil tax return would also be required. So it is not that much in the scheme of things.
If you are personally sued, then having different trustee companies shouldn't really make any difference as the assets of the company are not your personal assets.
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 think it also depends on how your rent out the place. If the people are just contributing money for food and bills then this would not be income (so no negative gearing) and therefore no CGT consequences.
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



