Forum Replies Created
Yes, you can still get 90% and even 95% LVR loans for investment properties.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes you could, but …. it may be complicated as you and your mum will have to guarantee.
A possibly better way would be to extra funds and lend to your wife or trust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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do you have any other property? If none, it may be best to leave it in your own name for now. If you transfer it you will pay stamp duty and CGT and you will need to pay rent when you live in it later.
You should look at forming a testamentary trust which is a trust in your will which is formed on your death. There are some considerable tax benefits, more than a normal discretionary trust, and you will also have asset protection for your grandkids – eg in the future they may enter into a defacto relationship with a gold digger.
May cost around $5k to setup.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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What if your brother gets married or into a defacto? Will you transfer it back?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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fredo_4305 wrote:I am new to this website and would firstly like to say its fantastic…. It may take a while to sort through all the topics but well worth it
I have recently set up an ABN (without proper research) is it as simple as putting a property into a bussiness name or is more
complicated than what it seems on top of making finance difficult as my Job is the primary income source….A business name is just a name. The person or company or trust behind the name owns the 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
And don't forget if it is hard to finance = hard to sell = lower appreciation.
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
You can claim an exemption from CGT if your PPOR was rented for up to 6 years. But to qualify as a PPOR you will need to live in it first.
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 the FHOG is not going to be around for long and it is a good time to buy property, so I would favour option 2.
But ideally where do you want to live?Either way I would immediately stop paying extra on the investment property and would change the loan to interest only and put all your money into a 100% offset account. If you do buy a new property to live in all the extra payments will be locked into the IP and you won't get the full atax advanatages available.
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
Trusts have a name, eg. smith family trust. But remember trusts are not separate legal entities, so it is the trustee's name that goes on every legal document. There is no need to register a business name unless you wish to use a different name for trading purposes. eg your trust may be running a sandwich shop with the trustee being ABC Pty Ltd. If you wish to call the business ABC Pty Ltd, there is not need to register a name as you are using the business's legal name, but if you want to use ABC sandwiches, then you will need to register that name.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi carlin
6 year rule only applies to absences from your property.
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 no longer possible to get 100% loans, not even for permanent residents. Lenders will also not lend if they know you are borrowing the deposit, such as in vendor financing.
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 Carlin
I think the rental income may affect the pension, but will depend on the circumstances. You should ring Centrelink and talk to one of the financial 'advisors' there. They should be able to assist.
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 keep your existing house you will pay tax on the rent (minus costs) but this will mean a higher loan on the new one (as you won't be releasing funds to pay it down). This will mean more interest which is not deductible.
You could sell the existing one, but now is probably not a good time if prices are low? You could always keep it a bit longer and hope the market will pick up. If it is a good place and you want to keep it long term, then you could sell to another family member, a trust, or to your partner – .eg if owned 50/50 one could buy the other out. These will allow you to borrow to buy (invest) and so the interest on the new loan will be deductible and the funds released from the sale can be put into the new PPOR. BUt stamp duty will be payable. So you need to see if the potential tax savings will be worth paying the stamp duty.
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
One potential problem is if they have a mortgage on the place now. They will not be able to transfer title until you pay them enough for them to pay out their own loan.
Another problem is what if you do not repay the loan within the year?? They could sue you and possibly force a sale.
Another option would be to leave the title in their name and do a 'wrap'.
Best to talk to a solciitor
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
Andrew, it will be very hard to find a second mortgage lender going higher than 80% LVR. You need to find a 'mate' who could help out.
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
PosEnterprises wrote:Terry am waiting to get out when it expires otherwise up for about $13k in exit fees and the rest. Is there a problem getting finance from other lenders if it was originally Lo Doc finance.
Hi Pos, yes there are big problems for those wishing to refinance an existing low doc. Richard mentioned the 2 main hurdles.
It would be ashame if you were waiting all this time and are unable to get out of rams!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 problems with buying half. How do you fund it? If borrowing, then your in-laws will have to go on the loan with you too. This can get messy.,
If you are just going to sell why not just keep it in their name and then have a written agreement to split the profits on sale. saves on stamp duty and loan hassles. But you will have to check the effects of CGT – but they will probably have that anyway if they were to sell to you.
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
If you rent out part of your PPOR you will lose the CGT exemption on that part. Based on floor space as Duxter mentioned. You should also be able to claim part of all costs and depreciation as well. But having a LOC is not good if you use this by putting all income in and taking out money for groceries etc. The tax deductible portion will be decreasing rapidy, faster that the actual loan balance.
Carlin. It doesn't matter whether you claim or not you will still lose the CGT exemption if you are making money by renting part out. But if you are just having a boarder and charging them for minor expenses such as food and water bills etc, then this could be exempt from income tax and CGT.
You could transfer a PPOR to one name, but stamp duty would probably be payable. It is usually exempt if transfering from 1 to 2 names, but not sure if the other way around. What state are you in? If you do this you will still have the CGT problems tho, so best to use the lowest income earner – but remember incomes will change in the future and the loest income earner now could be the highest later.
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 will need to crunch the figures and also factor in how you think rates will rise or fall over the coming 5 years.
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
Low Doc loans are only available, usually, up to a max of 80% LVR. So the available equity to use will be:
Value x 80% – existing loan.However, these days of tightening credit policies, most low doc lenders have restricted cash out on low doc loans to a max of around $20k. But they still may be able to make the funds available for the new purchase if they can control where the funds go. ie they may insist of paying the funds directly into the new purchase some how.
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



