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  • Profile photo of TerrywTerryw
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    @terryw
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    probably best for your parents to get a loan and lend you the deposit. you should be able to get a loan at a decent rate too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Still no cuts with RHG???

    Pos, you must be paying way over market rate at the moment. On the pro packs you should be able to get the standard 0.7% discounts, but you may get more depending on overall loan size. Just got one of my clients 1% off with a major bank for a loan size of around $2mil.

    So how much are your exit fees going to be and when do the drop off?

    Oh, and one potential problem is that many lenders have restricitons on refinancing loans that were originally low doc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    What about considering option 4.

    Keep the 2 existing and rent in the country. You could use the Main residence exemption from CGT on the family home for 6 more years while it is rented. A country property is probably not going to increase in value as much as a city one so this may be more profitable.

    Maybe you could look at buying the new one in a trust and renting it.

    Otherwise I would probaly go for the selling the existing house option and paying cash for the new one.

    However, all this would depend on your long term goals and you would have to work out the rough costs to sell the existing house v the tax savings. You could also just sell the existing one to a trust and keep it.

    You also have plenty of equity so maybe a few more could be purchased too.

    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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    3% is the rough figure for a 97% LVR loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    i am not sure what the problem is from your post. They cannot just increase the loan on the existing property and have all the interest deductible, only the interest on the existing loan would be deductible. Any extra borrowings would only be deductible if the money is used for investment purposes.

    I think the best way to structure it would be to make sure the loan for the IP is IO and there is an offset account attached to the new PPOR loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Sounds good. Just get some advice on the structure. eg it may be best to use a discretionary trust as it can save you tax, protect your assets and be flexible in helping with finanace.

    Also consider asking the vendor to pay your stamp duty on the land. This may help with you forking out less cash.

    As for the loan, you should be able to get 80% of the value of the land and 80% of the value of the fixed price building contract.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    hi Holls

    Thats terrible what the brother in law did. But at least it is over now.

    As for loans, generally you will need around at least 5 to 10% for the deposit and other 4-5% for the costs like stamp duty etc.

    as for borrowing capability, it will depend, but as a general guide you could borrow around 5 to 6 times your annual (combined) gross incomes.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    if the renos were done to improve the house that you are going to be making rental income out of, then the interest should be deductible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    notice to complete means you are advising the other party that you are terminating the contract. If you terminate the contract it is all over and you will need to renegotiate with the vendor if you want to purchase.

    And don't forget if you are paying a fee to occupy before settlement that means your loan hasn't been drawn down so you are saving interest at the same time. So overall you may be little worse off from a money point of view.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    That is unusual about the age discrimination. CBA used to try that too. Just go to another lender and probably better to use a broker.

    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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    Hi Matt

    I have a copy which I no longer need. It is all over the place so will take some time to find and one of the workbooks is missing. I am in Sydney too.

    BUT I am leaving for overseas tomorrow for 2 months and won't have time to dig it out! if u can wait???

    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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    Cruising666 wrote:

    Another question, how do you transfer an existing business into a Trust? A simple business Contract?

    Depends on how you are going to do it.

    If you are keeping the company and transferring the shares to a DT or a UT then you will need to do the paperwork for this. ASIC will need to be notified and the relevant transfer form filled in. There may be CGT issues and stamp duty payable. Stamp duty on share transfers was supposed to be abolished on 01 Jan this year, but I think they have kept it going from memory.

    If your company is selling the business to another entity, then you will be changing title. So you will need some sort of deed of sale. There is a standard contract of sale out there for the sale of a business (in NSW anyway). Again there may be stamp duty issues as goodwill is dutiable property. This won't be abolished till 2011.

    There is lots to consider ifn doing all this such as existing leases, mortgages, charges etc over the existing company or its equipment. Licences etc.

    Another option may be to sell up the new entity and gradually start the cross over by doing new business in this entity.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Cruising666 wrote:
    Thanks for your assistance!

    Do you think it is worthwhile to have the service trust at all? Maybe I can just have a Unit Trust and then the unit holders are beneficiaries as a discretionary trust.

    I own 80 % of the business assets and my business partner owns 20%.

    You mean have the units owned by the discretionary trust. Thats a good idea. And don't forget the business should have a corporate trustee of the unit trust to limit liability.

    But why not just have the shares of the trading company owned by your individual DT. What your partner does is up to her.

    The business assets should be owned by a different entity, probably another DT so if the company goes down the assets are safe.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    While reading this I just received a sms from a Sydney based lender who can lend 90% LVR for first  home owners with paid defaults and judgments with rates from 6.17%.

    So there are still lenders out there who can do these sorts of loan with slightly higher rates.

    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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    Who is the speaker at the conference and what is it about?

    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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    The Chaser wrote:
    Terryw wrote:
    I would look again at using a DT. These days any losses will be small and future gains in income and capital should make up for this.

    Using a HDT would be only slightly better than using your husbands name. It won't allow can tax savings later on, but I guess it would allow the trust to redeem units later on and convert to a DT without stamp duty – unless stamp duty would be payable on the unit redemption. But this would crystalise a capital gain in to your husband, who is on a high rate of tax.

    Hi Terry.  We have looked a fair bit at DT.  Our main hurdle is that we are considered to be income rich but equity poor.  This means that even in a climate of CF+ properties we are looking at financing 100%+ of our next IP (using equity in LOC + new loan of likely 90% LVR) thus giving rise to likely losses in the early years.  Given my husband's high income, we have struggled with these losses being trapped in a DT and thus limiting our cashflow during that time period.  It seems to be a no-win situation whichever way we go, so I guess we are trying to select the lesser of all evils.   I am also unsure whether a unit redemption would trigger stamp duty – I thought it triggered CGT but not sure about stamp duty?? 

    Any other comments people wish to make on the appropriateness of the various structures would be greatly appreciated.

    Thanks
    Angela

    Hi Angela

    I just looked up the stamp duty issue.

    Looks like units in a unit trust are dutiable property under s11 of the Duties Act 1997 (NSW)
    http://www.austlii.edu.au/au/legis/nsw/consol_act/da199793/s11.html

    As for the positive gearing issues, what if you bought a $450,000 property that rented for $450 pw. repayments would equal rent approx. You would still have slight loss due to other costs, but if rates drop again or if your rent increases after 12 months your property would be positively geared. And this income could go to the lowest income earner if you use a DT

    If you buy in your husbands name you may save $1000 in tax in year 1 and then start having to pay tax at 46% in year 2.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    If you are defacto you would probably not qualify now.

    If not, then I would wait at least 6 months before trying to add her to title – but why bother? This will be a lot of mucking around. If you separate the family law court can still look at dividing the property anyway.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    1) only against the capital gains when you sell

    2) it depends if you have PI or IO loan. If PI then the monthly repayments are usually the same, just more comes off the principle with money in the offset. If IO then you are going to be paying less each month.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    You/your company would need the full real estate licence to do that – only takes a 3 month course these days.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    trakka wrote:
    Thanks, Karen, for your completely reasonable response. Thank you also for assuming that I'm raising this issue in good faith – because I am! I guess I like accounting sheets to balance. Let's say I have a $1M asset with an $800K debt in a Trust for which I am Trustee and a beneficiary (so I can gain control of the asset), and I am guarantor for the Trust's loan. If the Trust was applying for finance, they would declare a $1M asset and $800K debt, and have a net worth of $200K. If I were applying for finance, I couldn't declare the $1M asset but have to declare the $800K debt, and have a net worth of $-800K. Combined, the Trust and I have a -$600K net worth, due to the liability having to be accounted for twice. This just doesn't seem logical… I'm not saying it's not correct; I'm just asking somebody to explain the logic, if they can. Or maybe it just is a terrible idea – in terms of servicability – to guarantee loans. As per my earlier question, how do company directors ever get loans to buy their own home, when I assume some of them will have provided director's guarantees for potentially enormous company borrowings?

    it is just because you have guaranteed someone else's debt. It is a terrible idea to guarantee someone else's loan, but your trust or company won't get a loan without a guarantee.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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