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  • Profile photo of TerrywTerryw
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    @terryw
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    Steve used to use (and maybe still does?) a discretionary trust with a company as trustee.

    With these entities, if is the director of the company that guarantees the loan. the director will need an income to prove serviceability. You can have 2 directors, but if something happens and the loan cannot be paid back, then the lender will take action against the guarantors – so for asset protection reasons it would be good to have one director and this director have no assets in their own names.

    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 a person is on title they are not a guarantor but a co-owner. The FHOG is only available if all owners qualify.

    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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    oaklands wrote:

    If the market value of my investment property has increased and I refinance upto 90%. Can I still declare the new holding cost at 90% (interest paid on mortgage)?

    If you are asking can you claim the interest on the increased portion of the loan, then the answer will depend on what you are using the money for. The security doesn't matter, it is the purpose of the borrowings that determines deductibility.

    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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    St G can lend up to 80% on units as small as 25sq meters.

    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 O

    you could set up your trust online yourself from as little as $175 – but if you don't know what you are doing you could get into trouble, so it may be wiser to go to an accountant for some advice.

    Many pros for setting up a trust – the main one being superior asset protection and flexibility in distributing profits and saving tax. Trust assets also do not form part of your estate at death, so there are succession benefits too.

    Cons, not many, but the main one maybe that you could pay more land tax. but this would depend on the state you are in and the value of the trust's total land holding.

    Lenders generally don't have issues with lending for companies or trusts – some have restrictions on products or packages. eg ANZ will not lend for trusts or companies on a Low Doc basis. This is the only restriction i can think of.

    Companies pay a flat rate of tax – 30% atm. Trusts don't pay tax if all the profits are distributed. It is the beneficiary that pays tax. So if there is a capital gain and the 50% discount is available a person will end up paying a max of 24% tax. better than a company. Having a trust may mean you pay much less by distributing to the lowest income earner first.

    Existing assets will need to be sold to the trust. So there may be stamp duty issues and CGT issues there.

    If you are running a business you should def not run it under the same entity. This is because business carries a risk and if the business is sued you don't want your assets to be at risk.

    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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    Tax consequences:
     – redrawing from a loan, whether it is a LOC or a standard loan, is considered new borrowings
    – Interest on borrowings are only deductible if the money was used for investment or business purposes

    – Putting money into an offset account is not putting money into the loan. It is a separate account, so
    – taking money out of an offset account is not new borrowings.

    eg. say you had an investment loan of $100,000 and then won $50,000 at lotto. You decide to put it into your LOC/Loan for a week before you buy your ivory back scatcher. You want to save interest and think it is a good idea. Your loan drops to $50,000 and you save some interest. A week later you buy the back scratcher – but you no longer have the money so you must borrow it from your loan.

    Your net loan is still $100,000, but only $50,000 of it is deductibe.

    Now, say you used a 100% offset account instead. Your loan would remain at $100,000 all the time, but you would only pay interest on $50,000 for the  week you had your money in the account. You would save the same amount of interest. But when you take the money out of the offset account, it is not new borrowings. So the deductibility of interest is not effected.

    Imagine what would happen if you had a LOC on an investment property and were getting your salary and rents put into this account – your overall loan balance may slowly go down, but your deductible part is rapidly decreasing (assuming you are withdrawing living expenses) so after a few years you may have a similar balance to what you started with, but without the ability to claim any of the interest.

    I would only use a IO loan with a 100% offset account attached for any investment property. Never a LOC.

    I would only use a LOC for accessing the equity portion of a property, whether owner occupied or investment. The LOC should then only be used for investment expenses such as paying rates, deposits, insurance and even interest on other loans. You should consider letter the interest capitalise or just paying the interest each month until your personal home loan is fully paid off. And even then i would be putting my spare cash into a 100% offset account – just in case you want to buy a personal item. Once you deposit the money into the loan there are tax consequences.

    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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    No Australian lender will lend on overseas properties – except maybe NZ. Aust banks based in the country of the security property may be able to help, but you generally have to be working in that country.

    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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    IP

    This deal has nothing to do with me. It was anothe broker who decided he had better bite the bullet and get out of it now before rates dropped further.

    Also you should watch who  you slander publically. There is no comission payable for switching loans anyway!

    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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    Hi

    As a general guide you could borrow roughly 5 times your annual income (gross). If you live at home and wish to buy an investment you could probably get a bit more due to the rental income being included. you will generally need about 5% deposit and another 5% for other costs. If you have  a good employment history you may be able to borrow 100% too.

    you should also factor in some buffer money, ie keep some spare cash just in case.

    With $20k, you may wish to look at the sharemarket. Some think we are close to the bottom.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    if you withdraw money from a loan it is treated as being new borrowings. So the interest on that money will only be deductible if the funds are used for investment purposes or business purposes.

    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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    The problem with units in general is the high strata fees. CBD units pose additional problems in restrictions on finance. This can limit the number of potential buyers and hurt your borrowing capacity if you have low equity.

    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 the rate is variable the lender can vary the rate any time.

    Many clients have been hurt by taking out loans with Macquarie – especially no doc and low doc loans. A few months ago they stopped lending to new clients and dramatically put their rates up on these products – I think at almost 1% above what they started at. With high exit fees many clients are stuck,

    These days I personally would only take out loans with the major banks. I put all of my clients with a major bank where possible. If you need a low doc or are credit impaired, then you may have to use one of the non bank lenders, but they are used as a last resort.

    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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    abarsby wrote:
    Thanks Terry

    I appreciate your help. I am looking at tax minimisation so I might look at purchasing in my own name.

    Cheers

    AB

    AB, That could result in more tax!

    eg one of my friends was on $100,000, wife on nil. He bought in Perth before the boom. I told him to look at a discretionary trust, but he went ahead buying in his own name.
    He sold a year later and made $200,000 gain – all had to go to him, so he had a huge income and paid nearly 50% tax (after the 12 month discount) while his wife still had no income.

    Consider the possibilities.

    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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    abarsby

    If the trust owns the property you cannot claim the deductions (unless a unit trust is used). The trust claims the deductions – so no you cannot claim the variation for your income tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Having a company will only have limited effect with property as you would be required to give personal guarantees for loans. They would help if something happened on site, for example, and someone was injured and insurance didin't cover it. Pretty remote, but it could happen.

    Having a trust would be more flexible tax wise – with same asset protection with corporate trustee.

    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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    They are totally different.

    An offset account is a savings account where interest that would have been paid comes off a home loan instead.

    A LOC is a facility where you can borrow (ie withdraw) up to a certain limit.

    It would be much easier for a bank to say they are going to reduce your LOC limit on funds yet to be withdrawn than it would be with money already borrowed.

    There are also important tax differences between the 2.

    Both are good – they are just used in different circumstances.

    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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    There are 2 forms of vendor finance.
    1) is where he lends you the deposit and you buy the house as per normal

    2) is where you buy the house from him and pay it off in installments. The title will stay in his name until you make the final repayment. If prices rise and your situation improves you may be able to refinance this loan with a bank after a year or 2 and pay him out then, and transfer the title into your own names – and get a better rate.

    Banks don't like either of these options. They are unlikely to lend on option 1 if they know the vendor is going to be lending you money.

    If one of you has bad credit, maybe you can just purchase the home under one name?

    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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    Most banks would no lend on a low doc basis – none on a no doc. There may be a few fringe lenders out there who offer Low Doc personal loans – but expect rates high – maybe around 26%. A cheaper option may be a credit card – many banks treat these as low docs – some don't even require proof of income.

    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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    Hi

    I don't think waiting will make any difference at all. If you are renting your property out you can claim all expenses such as rates, interest etc and depreciation – usually 2.5% pa of the building cost (after 1985 i think) this should include carports.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you are buying and selling properties then you will just pay income tax, not capital gains tax. The properties would be classed as trading stock. Like buying and selling apples.

    If you buy a proeprty with the intention to rent it and later sell it for a gain, then you will have to pay CGT and will get the 50% discount if held more than 1 year.

    Companies don't get the 50% discount, so it would just pay a flat 30% tax. Individuals pay up to 46% tax, so with the 50% discount this could be reduced to about 23% which would make it better than a company,

    But the best maybe to use a trust and then you could distrubute to lower income benficiaries and pay a max of 23% tax. If you are classed as a trader, you could still save tax buy distributing to family members, and then to a company when the family members incomes are high enough to make them pay more than 30% tax – ie you could cap your tax at 30%.

    Having multiple trusts could also help you claim that you are buying long term with the intention to hold. You may have to sell one or two along the way due to unforseen circumstances.

    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

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