Forum Replies Created
Hi
Many lenders have a max LVR they will go to. eg. ANZ is now 90% in total, including LMI. So if you were to borrow less, you could add the LMI to the top as long as the total LVR is less than 90%.
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
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?
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 an assignment question.
i wouls say a) as depreciation is a non-cash deduction
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 god
Yes, its fair for the bank, but it could come as a sudden shock for those who had not anticipated having to suddenly reduce their loans.
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
klein09 wrote:Hi folks,just seeking some directional advice on my next step. have used PPOR equity for an LOC to purhase 1st investment property. that's done and i'm now looking to take the next step. is the preferred model to refinance the investment property into a new IO loan and pay down or replenish the LOC? get a bit lost there and am struggling to link my search strings to obtain a clear enough answer. also, is the preferred model w/rental income to push that into the PPOR offset, then into the IO loan as the interest charges land.
regards
I don't think it matters too much. As long as you only use the LOC for investments you should be ok. If your new IP has equity, then you could increase the loan and repay the LOC or you could set up a new LOC on the IO and use this for the next one.
One thing it watch out with a LOC is the potential for a margin call or a sudden request by the lender for you to reduce the balance.
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
Lenders will generally allow spouses to be jointly on a loan with only one on title. Spouse includes married and defacto. But you will be saving one thing to the lender and another to the Office of State Revenue.
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
why pay a loan down at all when you can save the same interest by using the offset account. One you deposit into a loan you cannot withdraw without tax consequences.
eg. You have a $200,000 investment loan and pay it down to $100,000.
You then buy a new home – you will have $100,000 less cash available. So your new loan will be $100,000 larger.
In the mean time you will be paying tax on your rent while paying around $5,000 extra interest on your new PPOR loan – which won't be deductible – so maybe $2,000 pa in extra tax + the tax on the rent.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 would start by paying the minimum off your investment property. Change the loan to IO and get a 100% offset. This way you are saving interest while maintaining a high balance for tax deductions. Everytime you you pay down the loan you are paying more tax – and will have less money for the new PPOR which will mean more interest (which cannot be deducted).
When you change the loan to IO, set up another loan – this can be used for 20% deposit and funds for the new one. I would still get an IO loan for this one too and a 100% offset account. When you live in it keep all spare cash in this account to save non-deductible interest. With an IO loan you can always pay extra if and when you want to.
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
Which bank:? there are not many 95% loans left these days.
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
For starters, Look at
http://www.lawcentral.com.au
http://www.taxlawyers.com.auand if you really want to learn more look at some law books on Trusts such as 'Equity and trusts in Australia" and some tax books such as the Trusts Structure Guide put out by the Taxation institute of Australia.
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
I think your questions make sense. You use the term partnership in the general sense, though what you end up doing may be different in the legal sense.
You could do it 3 ways
1. A unit trust.
This is a trust with units (simmilar to a company with shares). each person holds 50% (or whatever) of the units.
All profits would be distributed to unit holders in accordance with their ownership. Simple to set up2. Discretionary Trust
This is a trust where the trustee makes the decisions and can allocate profits as they seem fit. This may be preferrable as they can send the profits to the lowerst income earner to save tax. Profits can also be diverted to family members.Potential problems is that the profits may not be distributed evenly between the 2 people. This can be gotten around by using a unit trust with each unit holder having their own discretionary trust own the units.
Discretionary trusts offer asset protection if you are personally sued.
3. Company
This is a separate legal entity so give you some asset protection (if company is used) and the shares can be evenly owned by the 2. It is flexibible too.You can also have a separate discretionary trust own your shares so the profits can go into the trust and then to the lowerst tax payers to save tax.
4. Individuals as joint owners
This is the simplest, though the least flexible.there are lots of issues with finance and you need some careful planning.
I suggest you read up on each of these structures and get a good idea before you go and see an accountant.
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
can be hard to finance too. Which will lead to less buyers.
Also there is a general decrease in property prices now.
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
Don't forget partnerships are very risky as all partners are jointly and severably liable for the whole partnership debt. If all the other partners decide not to pay you will be left to wear it.
I would recomend to never form a partnership of individuals
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
caveats are pretty simple. Just a few pages to lodge one. You can get info from the Land Titles home page of your state. The staff at the titles office may be able to help you fill in the form if you get stuck 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.
If you have signed a contract to purchase a property, then you have a caveatable interest in that property. So you can lodge a caveat.
You should talk to a lawyer.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 depends on the overall LVR. If it is less than 80% on today's values you should be able to do it, but it will be painful dealing with them, the CBA that 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
Spud
You have posted the same post about 10 times!
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
Addition – Low Doc at a major bank too with a good 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
since you have such a large deposit, you could possibly qualify for a 60% LVR low doc.
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 guestimate is to allow for 4 to 5% of the cost of the property to cover everything.
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



