Forum Replies Created
- Bluebird10 wrote:Thank you all for the input
"I'd suggest leaving your PPOR in your own name, and set up a Discretionary Family Trust for your investment properties. "
I have a discretionary trust, so the likelihood of being sued/bankrupt and therefore losing my house is less (using the above suggestion), compared to a Secured Debt Strategy.
Am I correct in surmising this?
Just having a trust doesn't help. If you own assets and get sued the assets are at risk. You need to get your trust to own these assets or take mortgages over the assets.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Yes, you can help him by gifting or loaning to him. A trust would not work as trust purchasers cannot qualify for the grant. So a loan is probably the best option.
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 the loan was a no doc or a low doc originally? These had high exit fees, 2% from memory. Have a read of your loan agreement and see how the fees are structured. Usually they decrease as time goes on, so you may find if you wait a bit you will save a fortune on the variable part. Not much you can do about the fixed as you took a gamble.
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 get mine at law central.
Trust deeds are legal documents so they are drawn up by lawyers. Accountants can setu them up by buying a document where they just add the details in for trustee, appointor, settlor etc without changing the actual wording of the trust. Accountants can generally advise on who is best for these roles but shouldn't really give any legal advice which doesn't relate to tax – unless they are qualified in that area.
There is no need to use a lawyer to lodge the deed with the office office of state revenue. You can just walk in with your deed and get it stamped on the spot after you have paid the fee – the OSR doesn't even keep a copy of it. Not all trusts are for property either. Many people use their trusts for business or shares.
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
very unlikely to find one. Have you tried latrobe?
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
Its a good idea, but why pay the loan down. Why not just use a IO loan with a 100% offset account.
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 looked into this in NSW a few years ago. Found out that owner builders permits are only issued to people building a home that is to be owner occupied and that you could only receive one permit every 5 years. You may have to do one and then get your spouse to do one and see how it goes.
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
When a caveat is lodged you must state the reason for lodging. You would need to put the Act you are relying on, not just vague comments like "so you don't move". So if this hasn't been comlpied with it may be relatevely easy to remove. Maybe approaching the land titles office in person will do – But he may still have grounds to lodge the caveat under the Family Law Act due to the fact that you were spouses – he just hasn't worded it correctly. If you could remove it, even temporarily, it may enable you to sell.
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
Pos
The never sell theory is that properties go up in the long term, so why kill the goose that lays the golden egg?
If you go overseas you may still need to lodge a tax return – you may have income or a loss in Australia for example.
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 Iblinks but would personally on use Interest only with an offset for owner occupied loans too. The main reason is it keeps the loan amount high while saving you the same interest. If you ever move out of the house and rent it you will have much more tax benefits. Also if things become tight you can have lower monthly repayments to help you get through 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
It is difficult to put a caveat over someones property. You will need an interest in the property and if you are just owed money then this is not enough. You will need to sue the individual who provided the guarantee. Once you get a judgment then you can get further court orders to seize property such as personal items and real property, guarnish wages and/or bank accounts etc.
You will need to talk to a lawyer asap. If the company has gone down it is likely that he may have provided personal guarantees and others will be after his assets 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
You would just times $1 by the COC rate. $1 x 0.89%
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 and their mortgage insurers will have LVR restrictions, but as said above, it is still possible to get 95% loans in most areas as long as other requirements are met.
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 a lender collapses then the loan will be sold off and someone else will just take over.
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
My block has recently put in similar rules. No smoking on the public areas or common areas of the building such as foyer, hallways, carpark etc. Also no smoking on a balcony if the smoke will interfere with other unit holders – such as going into windows etc. This is in NSW and should be legal and a good idea – be good if you could ban people smoking in all indoor areas!
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, there are still some low docs out there with no GST checks.
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 wouldn't it? Most trust deeds allow a trust to pay an income to a trustee for managing the affairs of the trust. Most trusts are also allowed to run a business and pay wages as well. They are usually very flexible.
But why pay a wage? Why not just pay a distribution instead. If you pay a wage then you need to worry about superannuation and 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
You will also find it very hard to finance – unless the valuer/lender is not aware it doesn't have the cert
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
Your mum can have 2 main residences with CGT exemption for up to 6months during the cross over period from buying/selling.
You could sign a contract now with your mum with an extended settlement and do your renos etc before completion. Or, if you think values are going to be flat, just leave it in your mum;s name for a while – but watch out if she is going to apply for the pension in the future.
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 should also be very careful in taking advice from a bank from a tax point of view. They will advise you that a 100% offset account is no better than a LOC when this is plainly not the case.
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



