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

    I would probably pay $50,000 off your home loan and then get a LOC on this property up to 80%.
    -Use this LOC (Line of Credit) to pay for the 20% deposit and costs of the new purchase and then get another 80% loan for the remainder.
    -New loan should be IO.
    -Home loan should have a 100% offset account attached where all salary and rents etc go.
    -Use a credit card with points to pay bills and leave the money in the offset as long as possible.
    -Borrow from the LOC to pay all expenses related to the new investment property such as rates, insurance etc. Keep the cash you would have used for this in your offset account.

    Talk to your accountant on borrowing any short fall from the interest repayments – rental income.

    Borrowing to fund investment expenses frees up money for the offset which saves non-deductible interest.

    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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    Just give them a call and find out the break costs and then do some calculations on how long it will take to recoup the costs. If it is an investment it may be deductible in the year of discharging the loan.

    BTW – you must have signed something to take the loan out so don't blame your girlfriend too much!

    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 versions of answers:

    1) should be similar to getting finance in your own name.
    2) You could gift to the trust or lend to the trust. There are different tax and asset protection issues to be thought out with each of these.
    3) Yes, even if you are not specifically named you may still be a beneficiary. the deed should be worded such that any relative of a named beneficiary is also a beneficiary. this could include non blood relationships such as marriage or defacto or adoption etc

    4) Some lenders may assist – but I agree with Richard that it may be unlikely.

    I agree with Richard that this will be an expensive exercise – with all the costs added up you may be able to afford another property. But if you are going to do it, now may be a good time with the recent price drops minimising the gains.

     For asset protection you may be able to do something much simpler such as increase the mortgages, or provide second mortgages to a trust etc.

    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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    I think it would still be possible for you to get the grant, with the OSR assessing the deal based on market value – eg for the reduction in stamp duty.

    But if your mum is getting the pension she will need specialist advice on how the gifting will affect this.

    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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    Looks like you have been misinformed. You can have the existing home in joint names and the new loan in just one name – the other party not on title will have to provide a guarantee though as their security is being used. you can do this with separate loans 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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    ajayayyar wrote:
    Hi Terry – why would financing be harder because the apartment is in the city?

    Additionally, what is the issue with "serviced apartments"? I have heard people saying this in the past, but I haven't yet heard a good reason for it.

    Hi

    The mortgage insurers generall won't insure for inner city suburbs as they consider these higher risk. This includes suburbs bordering on the city such as Pyrmont and Ultimo in Sydney. This will mean you won't get a LVR over 80%. Banks may also consider the area higher risk and reduce the LVR to about 70%. I haven't checked this for a few years so things may have changed.

    Serviced apartments are also considered higher risk – not sure of all the reasosns but they are generally harder to sell. So the LVR can be limited to 70% because of this too.

    Also if it is in a huge building this can make it hard too as these are considered higher risk 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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    you could but………..

    The trust will own the property so only it can claim any losses. Trusts cannot distribute losses, so unless your trust has other income it won't help you save tax now – the losses will carry forward and can be used to offset future income. ie you cannot personally claim the losses or reduce your own tax.

    You will also be up for stamp duty and will lose the CGT exemption status on this property.

    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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    probably negative growth

    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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    wat dii.

    try http://www.guardianpartners.com.au

    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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    Finance will be one issue to consider. Being in the city will make it more difficult to finance and being a serviced apartment will also mean it more difficult.

    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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    Did you know that rent rolls are valuable and can be sold. Maybe you could get a few friends together, do the real estate course and get licenced. You can then sell the roll – you will get around 1 to 2 times the annual income.

    eg. if you had 6 properties renting for $400 pw = $28800 pa. in rent. at 8% management fees = $2304. sell at 2 times = $4608.

    It may not be much, but imagine if you had 20 properties or even 50 properties.

    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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    You may be interested in reading Tax Ruling TR 2000/2

    Income tax: deductibility of interest on moneys drawn down under line of credit facilities and redraw facilities

    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 Richard

    There have been some big changed within finance over the past year. No Doc loans have vertually disappeared and now Low Docs. Any one with a bad credit history is having a very hard time. Many or most of the small private type lenders have disappeared. It is very hard, if not impossible to get a loan for development based on end value.

    Many people have short term loans which will need to be refinanced within 1 or 2 years. Many of these are maturing soon.

    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 Pete

    If you guarantee a loan it is the same as taking out the loan in terms of effect on future borrowings. Future lenders will want to know all the loans you have taken out and any loans you have guaranteed.

    Furniture for a rental property could be added along the way – but if you are adding furniture your rent should be rising too to make it commercially viable.

    Also be aware that the trustee of a trust is legally obliged to take care of the trust assets for all of the beneficiaries, So everything should be at market 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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    Cashbonds are old stuff. Don't know of anybody actually using them nor anyone who did use them- it was good in theory.

    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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    I don't know any accountants in Brisbane but Richard's one sounds good. I do get the newsletters for Bantacs.com.au too and they know their stuff as well.

    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 Pete

    Trusts can get the same LVRs as individuals. 95% or maybe even 100%.

    If you guarantee a loan you will need to declare this if you apply for subsequent loans – not matter which name/entity.

    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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    bardon wrote:

    The trust buys the house you own the shares in the trust the trust offer the property up as security for a mortgage that is taken out in your name.  The house runs at a loss and you can offset this loss agints your personal income.

    Sort of

    The trustee buys the house in their capacity as trustee. The individual unit holders then borrow from a lender to buy the units. Income from rent etc is passed to the unit holders in accordance with the number of units owned. This income can be offset by the expense of interest used to acquire the units.

    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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    One advantage – maybe the only one – is that if you have one loan on two properties then you may avoid deferred establishment fees on the sale of one property.

    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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    You need to consider the ATO's recent view on hybrid trusts:

    https://www.propertyinvesting.com/forums/getting-technical/legal-accounting/4324208

    You maybe able to negative gear in the trust if it is set up to be commercially viable – the negative gearing recipient will probably have to get all the capital gain without any flexibility. It will be operating like a unit trust until the units are redeemed.

    If you are going to still live in the property then the ATO may not like this either – if it is owned by a unit trust. Have a look at TR 2002/18
    http://law.ato.gov.au/atolaw/view.htm?locid=%27TXR/TR200218/NAT/ATO%27&PiT=99991231235958

    Also consider you will be losing the main residence CGT exemption and may have to pay more land tax where you otherwise wouldn't. You may still be able to have a main residence elsewhere and to use the 6 year abscence rule to claim the CGT exemption on this.

    Also consider you will need to pay a market rent and as time goes by you will be positively geared and then have to pay tax on your own rent which you are basically paying yourself.

    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

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