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  • Profile photo of TerrywTerryw
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    @terryw
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    In NSW Buyer's agents need to be registered with the department of fair trading. They must do a course which is almost the same as the full real estate licencee course – 12 weeks or so full time.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Sounds like the finance clause may have been left a bit vague. It is a good idea to say something like subject to a loan of $xxx with ABC Bank – specify the exact amount and the name of the 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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    @terryw
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    Current property can be used by the trust in 2 ways. The trust can use your personal property as security and you could get a LOC on the property and lend money to the new trust 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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    High growth cannot be sustainable in the long run or nobody would be able to afford a house. I guess all you have to ask is can it keep on happening in the foreseeable future?

    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 may need a realestate agents licence to charge a fee for the introduction of a 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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    ATO looks at the purpose of borrowings. So increasing your loan on the IP to pay for the New PPOR would be personal use = non deductible.

    A way around this is to sell the property to your trust or partner. eg if you own 50/50 you or your partner could buy out the other party. They would need to borrow to do this and the borrowing would be investment purposes. Money released would go into the new home. But there would be stamp duty payable. So you must work out if the savings are worth the cost and hassle.

    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 agree with Richard – your broker is giving negligent tax advise. The ATO looks at the purpose of the funds to determine deductibility. If you increase one loan in order to get a deposit for a new home, the purpose of the increase is private.

    Not many financial planners are interested in property – but Richard is a qualified FP who is interested and knows his stuff.

    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 beleive that all loans should be IO. This will result in reduced payments so you can invest the savings elsewhere – and it still gives you the option of paying extra off the loans if or when you decide. Any spare money should be in the 100% offset account – which hopefully you have set up under the breakfree package. Put all your savings in the offset and use this for the next property.

    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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    It would be unwise to deposit the money into the loan.

    Each deposit is a repayment, and each withdrawal is new borrowings. So if you have high cashflow and make high deposits and withdrawals your claimable loan would rapidly decrease. So you may still be left with a large loan but no be able to claim any of the interest.

    A far better way would be to use a 100% offset account so you can save the same interest, but not pay the loan down,

    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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    Yep, the settlement date has to be decided up front. There are often clauses which state if the contract is not dated, settlement is to occur xx days from the date of signing – 42 days in NSW usually.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    There is nothing hard about financing properties. If you can keep coming up with the deposits, you can keep getting finance.

    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 can only settle in the future, so I assume you mean 15 June 2008

    And you can settle whenever you wish if you can find a buyer willing to agree. Generally investors would be happy for a long settlement as the price can be agreed upon now and they can receive any capital growth between now and settlement.

    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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    BGV wrote:

    Yeah that is exaclty I am saying, however the seller was notified before the 4.00pm deadline, in fact a couple of days before.
    I don't know the exact wording but basically it says that if finance is not obtained a letter from the bank must be provided before 4.00pm on the day of the agreed deadline.

    Sounds like your friend did not do as he/she agreed to when signing the contract. They agreed to provide a letter before 4pm which they didn't do, so the contract went unconditional.

    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 guess you don't have any cash lying around and you are worried about having a large loan on your new PPOR property and smallish loan on your investment.

    If you meant, in the top post, that you would increase the existing loan to use as deposit for the new purchase, then the extra interest incurred on the increase would not be deductible as the purpose of the borrowings would be personal use.

    If you kept things as they are the original property would still be slightly negative geared, so there would be some tax savings. But you would have a large loan on the new one and this interest would be non-deductible.

    A possible solution is to sell the existing home and then put the proceeds on to the new loan. $120,000 is a fair amount and the interest saved would be around $9,600 per year. You could then reborrow the money to buy another investment property. This would be converting approx $120,000 in non-deductible debt into deductible debt. The major downside of this is the stamp duty you would have to pay on the new replacement investment 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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    I don't think requesting a special clearance guarantees the funds will be cleared in 48 hrs. I have been caught out a few times as well with various banks. But I don't know why it would take so long for cheques to clear.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Getting rejected for my first loan and not going elsewhere was my worse mistake. If only I had purchased that property!

    Another was selling a good property to get into 'wraps'. If only I had kept that one!!!!!!! Oh no!!!!!!!!

    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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    That is just one strategy and whether it is smart or not would depend on your circumstances. Could you give some more details?

    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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    Brent

    That is a lot of fees! Surely there is a better bank out there with no fees?

    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 of my friends had an apartment in uni lodge about 6 years ago – she was trying to sell it for about $120,000 then – which was what she paid for it about 4 years earlier.

    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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    From a lender's perspective, they will allow you to borrow roughly 5 times your annual income – including rents. Very rough guide.

    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

Viewing 20 posts - 10,461 through 10,480 (of 16,328 total)