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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Hi James

    You can move out and rent the place and claim all expenses associated with it. But if it is positive geared you will probably have to pay tax on the income – but you can also claim on-cash deductions such as depreciation of building and fittings, and borrowing costs. This may make the taxable income from the property negative.

    For the new one you can use the equity in the first one. But I would suggest you set up another loan against the first one and use that money for deposit and costs on the second.

    eg. IP 1. Val $400,000
    Loan $100,000
    Get a second loan to 80% of the value. $400,000 x 80% = $320,000. Less $100,000 current loan = $220,000

    This $220,000 should be used to pay the 20% deposit and stamp duty and all associated costs with the second.

    This will keep the 2 properties separate and not cross collateralised. You can even use different banks.

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

    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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    Post Count: 16,213

    Best to talk with your parents solicitor. It is a bit rude being told you have to wait an extra 3 weeks to move in – that is not what was agreed to. What would have happened if they had already given notice? You parents could have been with nowhere to go for 3 weeks!!

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

    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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    xya,

    The vendor probably would want the money early, but their bank would want a few more days interest too. There could be reasons why they are not ready such as not getting a discharge form signed by the vendor, not getting valuations done quick enough if the vendor has other loans cross collateralised etc.

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

    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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    Post Count: 16,213

    Freelance

    You are assuming that capital growth property is negative geared – this ain't always the case. The ideal proeprty would be one that is positive geared, in a area with high growth potential and one which can be value added (reno, sub-divided, extra room added etc).

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

    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
    Join Date: 2001
    Post Count: 16,213
    ness1474 wrote:
    HI

    I saw in the latest issue of API an advertisement for "The Village Coconut Island – Phuket Thailand".  Guaranteed rental returns of 7% over 4 years and capital gains of up to 15% per year.

    Can anyone give me a heads-up on this?  Anyone with any experience in buying in Thailand – if you could lend a hand I would appreciate it.

    Being a novice investor, I am naturally hesitant to invest OS, but if other people have good experiences, I am willing to give it a go.

    Cheers

    I have a couple of properties in Thailand.

    There are various problems investing over there – economic crisises, frequent coups, airline crashes etc.

    Investing in places like Phuket are very risky. The area is heavily dependent on tourism – which is very down at the moment. Not sure about there, but capital gains in Bangkok are not very good at the moment.  There is an oversupply of units nad foreign investors deserting the market with many finding it hard to sell.

    Rental yields in Bangkok on units are about 7%. I would much rather invest there than in a island resort like Phuket which is heavily dependent on tourism. I would also not believe a rental guarantee or capital gains "up to" 15% (this would include -15%!).

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

    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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    Capital growth is what makes you rich. It doesn't really matter how you get it, but the more you get and the quicker you get it the better!

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

    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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    buying income producing property may help you get a few more quicker, but if there is not capital growth, then there is no point in my opinion.  making $50 or even $200 per month is going to take a lot of properties for you to retire on.

    But who knows if or when the capital growth will come back.

    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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    Daniel,

    Why not use Eddie? or at least consider him? He seems very helpful and knowledgeable.

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

    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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    Thanks K, fair enough it is done with the purpose of trying to borrow more. I though because there may be a period of a month or so between settlement and getting a loan, then it would be enough distance.

    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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    YEs, it will. You will be earning a shit load of money which doesn't hurt, and you can always get to know builders and other tradespersons and go and build a few houses cheap.

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

    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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    Y

    The lender is not basing their approval on the improvements. The property is only mortgaged after settlement. The valuer will do their own research and will not see the contract of sale. It will only work if the property is purchased cheap and under market value.

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

    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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    Banks generally only do this for spouses – married or defacto. They will ask what benefit does your brother obtain from going on the loan with you.

    However, some banks may consider this under family assistance type loans – though this is usually parents.

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

    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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    Narelle

    Is it an actual bank or one of those mortgage managers like Yes Home Loans etc. The mortgage managers get the funds from a wholesaler and then ad their margin.

    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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    Here are my non accounting views.

    If the property is sub-divided there will be 2 separate titles. Each owned by the company, with half of the loan attributed to each. If one townhouse is sold to yourself, then the company will receive funds. It should use at least part of these funds to repay the existing loan – the half that was sold.

    It is like borrowing from your LOC to buy shares. Once you sell the shares you can't just put the money into your home loan and keep claiming the interest on the money originally used to buy the shares – as the shares don't exist anymore. It may be different if the company you had shares in went under and you still had a loan.

    Another problem is the bank's security. If you sell one property, then the company remaining property will not be worth enough to keep the original loan size.

    Am I reading your post right?

    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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    maybe.
    sort of.

    You could set up a hybrid trust or a unit trust and have the trustee own the property. The trustee could be a company for example. You could then borrow to buy units in the Hybrid trust or unit trust. If it was set up correctly, commercially viably, then you could personally claim the interest.

    Problems:
    – You have to be careful and have a cluey accountant.
    – Tax. The trust has to be set up in a way that the unit hold must get the income and the capital gain. This makes it very unflexible compared to a discretionary trust.
    – No asset protection. creditors could get their hands on your units.
    – Banks don't like lending for these sorts of arrangements. They are afraid of third party lending – Someone other than the owner borrowing. It is still possible.

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

    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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    And you don't have to buy 2 now, but you could do it so you have the ability to get the grant again in the future.

    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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    don't pay it into the loan, keeping it in the offset is ideal for the future PPOR>

    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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    If you do have a holiday while going to inspect your apartment – or do any personal stuff, then you will need to apportion your claim.

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

    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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    Thanks again Eddie

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

    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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    Thanks for clearing things up with the losses Eddie.

    It is interesting what you say about accountants and trusts. I had one client who was an accountant (not sure what qualifications) and he had no idea about trusts. There are many others that I deal with and they only know the basics.

    It is the same with lawyers. Trust law is compulsory part of the degree but some lawyers do not understand the benefits of using a trust. A lawyer friend is involved in high risk business all the time, and he has always purchased properties in his own name for some reasons.

    I guess it is like a doctor that smokes – they don't follow their own advice.

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

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 9,581 through 9,600 (of 16,330 total)