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  • Profile photo of TerrywTerryw
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    @terryw
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    How much is a new lock? $200 maybe? Why wait – you may only be saving $40 in potential tax.

    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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    The only way to protect yourself would be to avoid becoming a defacto or marry. Pre-nups can help, but are not 100% tight. Family Court can unravel or look behind trusts, and companies.

    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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    Thanks Invest.

    I suppose if you could rely of the guarantee, then it would be like a savings account. You coould also leverage a bit (low LVRs), but how tight is a guarantee?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    It depends on your view of the market. if you think house prices will keep increasing faster that inflation, then it is probably best to buy as many as possible as quickly as possible and then sit back and wait. if you are less confident, then maybe higher deposits to cover yourself a bit.

    Most people tend to start off with little deposit and then slowly decrease the LVRs as they purchase more.

    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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    Spouse includes defacto as well as married

    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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    Hi Imugli

    ANZ and their mortgage insurers can be fussy about this sort of thing. I think if you went to another lender such as St George, there wouldn't have been a problem. Surely a spouse will gain a benefit – from being the spouse as well as being a beneficiary of the trust.

    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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    I would suggest, if you have any LOC equity left, to look at borrowing any expenses from this account while putting all of your hard earned cash into the 100% offset account. This is assuming the LOC has been used for investment purposes. May may also wish to talk to your accountant about paying the IO loan interest from this account.

    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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    Sympathetic doesn't mean the same as 'same' !! look it up in a dictionary and see what you think. I would think that as long as they were close to neutral or pink it should be ok.

    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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    Most lenders would allow the name of a spouse to be on the loan even if they were not on title. Maybe you could try a different bank.

    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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    Wealth Accumulator wrote:
    kezzah62 wrote:
    Hi all – the latest newbie here.  I am currently living in a (cheapie) home I purchased just over a year ago.  Current value around $280k with a $235k mortgage – fixed for another 30 months.  Looking at moving in with boyfriend who owns his house outright.  I have an income around $85k. 

    Anyone able to give me advice on what I should/need to do to change the house to an investment property?  Also the timing of any repairs/renovations to maximise tax deductions for these items?

    Moving in with boyfriend – never know the future could be short term.

    Just use the 6 year window of renting it out maintaining the PPOR and CGT free status.  This is until YOU become the owner of another property where you live. 

    Consider a binding financial agreement to ensure you keep what is yours if things don't work out – of course who knows you might have more to gain by not doing this based on the information already provided.

    Remember defacto is as good as married from a property settlement view point.

    If you live rent free with him – you benefit which means he would then potentially gain a share of your net equity if you were to split up.

    Think about the big picture when making decisions.

    Hi

    Unfortunately couples are only able to count one house as their main residence at any one time (except for a 6month period of overlap). Couples include married and defacto couples. The 6 year rule could still work, providing they two people are not married/defacto or they would have to chose which property to have as their main residence.

    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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    jasandliv wrote:
    Thanks guys for the info,
    I'll be getting my solicitor to set it up but am still going to have a crack at the forms myself and run it by him when i go and see him in the next few weeks. I won't submit any forms but for interest sake will try and structure it myself before i get it done properly. This was what i had in mind… Set up company with myself as sole director and secretary. (govt employee)Have 10 x $1 fully paid shares.
    Set up family trust with the abve company as the corporate trustee. Get old matey up the road to lodge $10 as settlor and have have myself as appointor??? (can appointor be a beneficiary?) . Beneficiaries will be mum, girlfriend and myself.
    We all (mum and my partner and I) have our own equity for deposits on properties but only my partner and i have the cash flow to finance any loans. Does this work? Sorry about these questions that don't have information to support them but my interest in discretionary trust structuring has been raised and i want to understand them before i set one up. My accountant did a big diagram on the whiteboard to indicate how it worked but its only started to become clearer with the research i'm doing.
    Good points made about accountability and also terry for the number of shares, but how does a trust borrow money? From what i understand the beneficiaries act as guarantors but how does one make their equity/cash flow available to borrowing within a trust?
    Sorry if this is asking a bit much and like i said, i will be getting proffesional advice but would like to know before hand because i don't know what the lawyers don't know (especially relating to borrowing money and what lenders require for loans to trusts).
    Thanks again.
    Jason
    Tell me

    Be careful about naming mum and your girlfriend as beneficiaries. Some banks such will insist on obtaining guarantees from them. Other banks will want a letter from them both, and anyone else named, saying they do not have a problem with the trustee borrowing money. However, if they are not named then the potential beneficiaries may be more limited. eg. if you separate from your wife her future step son may be a beneficiary if she is named, but not if she is not named.

    Getting finance is not really any more difficult with a company than getting finance in your own name. You will just have to supply a copy of the certificate of registration and the trust deed. Having a company is helpful as you could add or subtract directors in the future to help with borrowing. eg. you buy a house in your own name, then get a court judgment for unpaid rates. It may be very hard to get decent finance and your equity could be trapped in there. You get your wife to go director and you resign. She then guarantees the next loan.

    There are some restrictions with company borrowings. eg ANZ will not allow Low Doc loans for property in a company name. Most of the other lenders don't seem to have problems with them.

    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 you could work it out based on floor area used – eg size of the bedrooms. Masterbedroom users pay 60% maybe. 50/50 wouldn't be fair to you as you have 2 people in one room. 1/3s each wouldn't really be fair either – but closer maybe

    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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    Getting $100,000 up front will greatly add to your income!!!! probably half of it will go in tax, and then for 5 more years you will have losses.

    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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    invest007 wrote:
    I own 5 car parks in total, very happy with the returns plus the buy back scheme is a bonus. If your looking for an investment with zero risk.. this is the way to go :)

    Hi Invest

    How does the buy back system work? Is there a set price, or is it just at the original price?

    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 bank will lend for property overseas – you will have to approach lenders in the country you wish to purchase in – Aussie banks with branches there may be able to lend from those branches. It may be hard if you are not working in that country 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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    I am not sure I follow Richard's reasoning.

    I am thinking it would work like this:

    Say the property is worth $200,000. The full amount plus stamp duty etc would be borrowed from a LOC. Ideally this LOC would only have been used for investment purposes or would be unused at present. The property would be done up and maybe funds for this would be taken from the LOC as well. After a month or so the propperty may be worth $250,000. Lakeinnes would then approx lender A and take out a 80% LVR mortgage of $200,000 IO with offset account attached. The money from this loan would go back into the LOC covering nearly all the initial funds used.

    There should be no adverse consequences tax-wise for using the LOC as the new loan is a refinancing of the LOC loan. One loan is being used to repay another.

    The advantage of this method is the client may be able to borrow based on valuation rather than purchase price and if things go well, they may be able to replace most of the money back into the LOC where it will be ready to be reused in the next project.

    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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    You are wasting your time going to meet 5 different lenders. you can only go with 1 of them.  A good broker should save you time in this regard.

    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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    You would probably be better off in the short term for the following reasons:
    – You can claim all interest, rates, insurance, etc on your property if rented out, and
    – you can also claim depreciation on fittings and maybe construction (at 2.5% pa if built after 1983), and
    – You can still treat it as your main residence even though you are not living there for up to 6 years and it will be CGT exempt.

    So you get the best of both worlds,

    you will just need to add up all the costs estimate the depreciation and see if you are going to be making a loss from renting your place. This loss can help you save tax on your income. Then work out if the amount you will save is worth the hassle of moving.

    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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    they will eat him alive in Indonesia. if he is not going to be running the business how will he know how much it is taking and if the staff are ripping him off or not. There will be no profit to take back to Australia! it is not only Indonesia where this will happen, but in most countries including australia unless you can work out a system where you will know how much the daily takings/sales are. eg counting cups used – but I had a friend in india who was trying this and the person running his store was taking empty cups from the bins and reusing them!

    A friend of mine bought an apartment there a few years ago and somehow the title was fraudulently registered in someone else's name. it has cost him a fortune in legal fees and bribes to get it 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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    hi

    The FHOG is regulated by the states – usually the Office fo state Revenue.

    There is actually no min period to live in a house to make it your main residence, you just need to prove it if audited. The best way to do this is to prove as much evidence as you can with changing your address on rates, drivers licence, phone, electriicity, electoral roll 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

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