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If you are going to put a finance clause int the contract, it is best to name a lender and the amount. This should allow you easy exit if declined. If you just put something vague, the vendor could find you finance, at a higher rate, and you may be locked in.
Also remember for a contract (for land) to be enforceable they need your signature on a contract. If you have theirs, but they don't have your's they cannot enforce it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Tax deductibility doesn't depend on the owner of the asset, but whether the expense relates to business or investment.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I had a look at that link, http://foreclosedjapan.com/openrealty/index.php?action=listingview&listingID=1044
This property is in Aichi which is a small country province. Looking at the map it is not even close to the city either. Country towns have lower population growth than the rest of Japan, Which is declining, because many young people go live in Tokyo or Osaka.
The rent seems to be pretty high too.
There are plenty of cheap places on the site though. Some as cheap as $10,000AUD.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The company owns the property so it must claim the expenses, including interest. If the company has no other income, then it will have a loss which may have to be rolled over to future years.
You may need to divert income into the company to use these loses, but be careful with having the company run a business as this will put the property at risk if the business fails.
A company is not a good way to own a property for a number of reasons, the main one is that you will have to pay more CGT when selling.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Cliff
You must be in QLD??? I think that is the only place where they charge more stamp duty for investments. You may be able to get a refund by contacting the Office of State Revenue.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I've been going to Japan since 1990 and have one house there. I wouldn't invest in property there as the market is totally different to Australia. Firstly it will be very difficult to borrow to buy there unless you are working there with about 2 year employment history. Then it is very difficult to get a loan still, especially if you are intending to rent the place out. Rates are very cheap, however. Approx 1.60% pa.
The market is different because Japanese houses generally only last 20years or so before they need replacing. So houses depreciate in value very quickly. It is like buying a new car, once you have lived in the house, the value drops immediately.
The market there had a huge boom in the 1980s and the bubble burst around 1991 with property dropping in value since then. That is 17 years of declining values. Last year when I was there, property rise 0.10% in Tokyo for the first time since 1990 and there was talk about the market recovering. But when I was there last month, it didn't seem to have moved. At least it appears to be still flat. And there does seem to be a boom in new construction with new houses and apartments popping up everywhere.
But yields are good. I am not sure if you will make money long term as you may only be left with land value in 20 years time.
Also there seems to be a large number of places up for rent. People are probably snapping up the newer stuff with so much available.
There are various property taxes too, which are on the high side.
Also if you intend to invest there you would need to read write and speak the language. Although they study English for 6 years in school, hardly anyone can speak any English at all.
I wouldn't recommend investing there. Nothing beats Australia with its high capital growth rates and easy lending.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
try Mike at http://www.guardianpartners.com.au
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Maybe he wants you to remove it just in case it falls and damages the house when he does it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
What about just going back to work temporarily. You could work in IT for a few months, get the loan and then quit?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I am no lawyer, but believe you do not have a valid contract unless the vendor has signed and you have the contract with their signature on it. But there are exceptions to this rule so discuss it with a lawyer.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It depends on how serious they are auditing. They may just want some questions audited. If they are looking at everything, then they can easily find out your role in a company. An ASIC search will quickly show your directorships and shareholdings. A copy of your credit report will also show directorships. They can get these, if they want to. If they do get your report, they will see all the loans applied for in the past 5 years. This could lead them to wonder….
Anyway, the will know about your trust from the tax returns lodged. You would probably be receiving distributions from the trust.
It would be very rare for them to go this far unless they have specific information. It is not for them to judge whether you would qualify for a loan or not.
ps, the company doesn't own the trust, but is the trustee, which means it owns the assets of the trust, on behalf of the beneficiaries.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you are going to build a PPOR, then having it in the trust will mean paying extra land tax as well as CGT later. Transferring it to your individual name now may save heaps of CGT later as well as ongoing land tax, so it may be worth paying the Stamp Duty and CGT to do it now.
But…….. What are your long term intentions? You may be better off keeping it in the trust if you are only going to be living there a few years. There is also the possiblity that you may have another property which you could claim as your main residence while renting it out, and still get the CGT exemption on this property. And if the new house is owned by a trust, you may be able rent it and claim various deductions which you otherwise would not be able to claim. But to do this you have to be careful.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You can get the name from Land titles office of your state, online, for a few dollars. But once you have the name, you still need to locate the owner, which is the hard part.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Losing 10% deposit may be better than buying a place $80,000 over value.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Its a bit hard to understand you without punctuation.
Are you saying you have 14 days to settle because it is completed early?
There will probably be a clause in the contract which states settlement with occur within 14 days of XX happening. This XX has probably happened and you agreed to this, so you must settle. If you cannot, depending which state you are in, they will probably issue you with a notice to rescind. From the date of this you have 14 days, usually, before they can rescind the contract, keep your deposit and keep the property, and maybe sue you. If the value has increased since you signed, this may be their strategy.
You may be able to onsell, but this will take time. You may also be able to negotiate a longer settlement if the vendor agrees, but this may be hard. Xmas is here too, so that will slow things down as well.
You have better start seeking finance and talk to your solicitor quickly
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I remember there were a few spreadsheets floating around the Somersoft forum a few years ago. You may find some over there.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Vstar
Since you have guaranteed some loan, they new lender will want to make sure you can afford to pay these as well as any new borrowings. Having a new structure wont really help much unless the new lender has a vaguely worded application form and they fail to do credit checks, or if they do, they dont ask too much.
When lenders lend, they factor in many things beside rent. Even the rent, they will only take in a certain percentage, roughly 80%. They also look at other income and existing loan which they use a buffer to calculate the interest (factoring in rate rises). They may also assume the loans are PI.
So you would need a very good rent to service. But then the lenders may cap the maximum they will lend to anyone client. There may be restrictions on the number of properties in one area. Country areas may need more deposits etc.
But with careful planning you should be able to go far.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Also at that time there was some quick capital growth as well as the relatively low purchase prices.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
John
Isn't that just the same as paying the loan, or part of it, with the LOC?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
yeah, Scott is right. You cannot just add it on to the next years as your income will be different as will various other circumstances, so you will need to amend the return for the year in which in was incurred. Don't worry too much, it is pretty common.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



