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http://www.mycreditfile.com.au get a copy of your file to see what you are up against. Many banks will still consider the small defaults and teleco type stuff. But if you have anything listed as unpaid they generally won't. It may also be possible to remove certain listings such as defaults.
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 K
Have a look at the PDF booklets on http://www.bantacs.com.au . There is one where this question is answered, but I can't remember the answer atm.
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 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.
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 is getting hard to access equity as the lenders will want to know what you are using the cash for – and if you say living expenses they are unlikely to live.
Getting a full time permanent job (until you get the loan) may work.
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
neilvs wrote:Terryw wrote:There is nothing hard about financing properties. If you can keep coming up with the deposits, you can keep getting finance.Hi Terry
So let's say I want to buy a $200K investment property. I have $40K deposit, but that's pretty much all i have.
I can also show (the bank) that the property pays for itself in that it is cashflow positive, after taking ALL expenses into account.Let's also assume that i don't have much spare cashflow left over from my fulltime job – I'm living hand to mouth – much like most Australians are these days… so i CANNOT use any of my salary to cover the mortgage.
Are you telling me that any of the banks would give me a loan?
After all, the problem here is that the banks only recognise somewhere between 65% and 80% of the rental income of the property…Let's be positive and assume the bank recognises 80% of the rental income. That still leaves a shortfall of the other 20% – which they're going to come looking for in one's personal income.
But like i said – if you're cash poor as far as your monthly income is concerned – HOW can one still get the loan?Note – i've got the 20% deposit – it's the MONTHLY premium thats the problem – since the banks wont recognise a big portion of the monthly income i'd be getting from the property (and yes – 20 to 35% is a big proportion)
HI Neilvs
A lot has changed since that post. Lending is so much tighter these days and so much hard to obtain.
Firstly banks assume you spend $x per month on living expenses and most add a buffer to other loans and the loan you are applying for. So if you have maxed out on finance and even if you find a fab positive geared property then it will still be hard to qualify.
But there are still alternatives. This may mean a bigger deposit, going to fringe lenders or using Low Docs if you qualify. Of course the fringe lenders will charge more so you will need more rent to make them cashflow positive, but it may mean you can buy more properties if that is your goal.
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 certainly need a good income to keep on borrowing in this sort of climate.
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
based on the title. Can't usually have other people on the loan unless on title, one exception is spouse – married and defacto. Guarantors should have no effect on the grant.
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
Nil to 0.5% seems the deal these days. Probably get nothing on the Mezz so you would have to charge the client
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 could sell to your DT and then use the funds to pay a very large deposit on the new PPOR in Perth – but work out the tax savings v the stamp duty and remember that any loss in a DT cannot be used to offset your personal income.
Also consider that you are only in Perth for a short time and what will happen if you buy and then move out in 2 years – do you sell to your trust 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
There are a range of tax issues there. Companies pay a flat rate of 30% and no CGT discount etc etc. But there are also Fringe Benefits Tax issues if the company you are a director of provides accomodation etc.
You could reside in one property which you rent from a company you own and pay market rent and you are paid a wage by your trading company.
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 your accountant is recomending hybrid trusts then be careful. They may not have a good understanding of taxation.
Purchasing in your own names or doing 99/1 will save you a little bit of tax now but may create a tax time bomb. What happens when your property starts making a profit? = you will be paying more tax than you otherwise would. Turning into positive cashflow will be quick in this environment.
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 its an investment property you may be able to deduct the whole of the fee in the year it is incurred. This plus other borrowing expenses and tax deductions could bring your income way down and save you a heap of tax which will take a little bit of the hurt out of it.
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 recomend setting up a discretionary trust too. Do some research on these.
Setting up an ABN for property investing has no effect on tax claims. You only need an ABN if you are running a business. GST only applies to businesses turning over more than $75k pa. residential property is not affected by GST either.
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 buyers agent finds you the property whereas a Mortgage Broker finds you the loan. They are separate. If you are going to look for a property, then it may be better to approach the mortgage broker first and get your pre-approval. otherwise you may not know what price range you can afford.
I am in Sydney but am not taking any more clients on, but I can refer you to someone if you send me an email with your details.
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 in theory, but extremely difficult to actually do.
You can put down any deposit if the vendor agrees to it. You will also need special conditions in the contract to make sure the vendor agrees to let you show the property to prospective purchasers too. Once you have found one you need to make sure they can settle by the date you need to settle. If it goes over the date you will probably be issued with a notice to rescind and then you will have 14 or 21 days in which you must settle or the vendor will be able to cancel the contract and keep your deposit (and sue you maybe). So really you should be a loan setup ready just in case. You will also be charged stamp duty as you will settle on the land for a millisecond before onselling to the new purchaser.
Maybe a safer way would be to use an option contract – so you have the right, but not the obligation to settle. If you can't settle, then the vendor just keeps the property and your option fee. You may also get out of stamp duty, or have it greatly reduced, as you will not need to settle, just reassign the option to the new perosn.
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 not just go to a bank and purchase outright?
One more point, if you want to build on the land, you won't be able to get a loan unless the title is in your name – unless the vendor funds this 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
maybe you just need some find someone who could help with the 20% deposit and borrow 80% of the purchase price – assuming you can demonstrate serviceability. Banks are running extremely slow atm, settlement is just over 2 weeks away so even that won't be easy.
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
But Richard, it done correctly it can still be good in a stagnant market as you can pay off non-deductible debt faster and get bigger deductions – so overall loan is the same size – of course it can't look like a scheme to reduce tax though!
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 Jack
I just received another email from trustdeed.com.au in which they state:
Please delete earlier email – Apologies to subscribers
Please delete earlier email
Aplogies to Subscribers & Mr Michael YardneyAn email was sent which did not relate to Tax / Accounting / SMSF or other related matters Please do not open that email.Public Apology to subscribers and Mr Yardney. Such emails will never be sent again on this e-newsetter servicePlease delete earlier emailAplogies to Subscribers &Mr Michael YardneyTerryw | 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 the LOC is a better option. By borrowing the money to put into a savings account you run the risk of losing the connect between the borrowing for the investment which comes later and could lose the deductibility of interest. This is especially the case if you have other money in that account and so mix borrowed funds with savings – when you take money out for the investment is it from the savings or from the borrowings?
You will need tax advice for this stuff.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



