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I would ask your advisor why they want two people as directors. This only carries added risk without any obvious benefits. It may also hurt your long term loan borrowing prospects.
As Richard said it would be good to keep the buy and holds and renos in a separate entity due to the different tax treatment.
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
Vicgirl – it is dated from the date of the contract for the land.
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
Briganti
It would also depend if your 'business' is a company. If it is, it is a separate legal entity and you should have special loan agreements in case – otherwise the ATO may deem it a dividend payment and tax you on 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
As for moving existing properties into a trust, it can still work out worthwhile if you have a large home loan and a small loan on the ivnestment property with heaps of equity. Selling to a trust will effectively allow you to convert non-deductible debt into deductible debt. You then need to compare the interest and tax savings with what the transfer costs will be.
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
Having your main residence in a trust is not generally a good idea for the following reasons:
1) Land Tax is payable
2) You do not get a CGT exemption
3) You may have to pay income tax (unless you can keep distributing to non tax payers) when the proeprty becomes positively geared
4) Trusts cannot offset losses unless they have other income or a Hyrbid trust is used (tax nightmare) or a unit trust is used
5) ATO has put out a ruling warning against the use of Unit trusts to own your own home in.But if you have another place which you can claim the PPOR CGT exemption on and this property will be a short term home, then it can be a good idea to buy in a trust – you just have to structure it carefully. Imagine all the other advantages such as claiming tax deductions for curtains, knives and forks, toilet paper, gardening etc.
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
This can get a bit tricky.
It should be pretty straight forward in working out interest. Just assume you have two loans, IO and aportion the interest separately. Calculate it montly
eg, if you took out $7000 on 5th of Oct, you would calculate $7000 x interest rate/365 (for number days in year) x 26 (for number of days left in Oct). That would give you Oct's figure as it is a part month. THen for each full month you would just do $7000 x interest rate/365 x no. days in month.
But if you are capitalising interest it will get a little more complicated. However, you just add the interest at the end of the month to the total for the new month.
The investment portion would be the total interest less this personal use interest.
Beware though as the ATO requires you to apportion each repayment between the two loans. You cannot just have all your extra repayments going to the personal use portion. So if your loan for investment was $93,000 and personal use $7,000, then personal use is only 7% of your loan. So if you make a principle payment of $10,000 only 7% of this can come off the personal use portion.
This is why it is best to have separate loans for Investment and personal use as you would want to pay all the personal use loan off first.
Does this make sense?
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 Anrobel
Yes lots to research and very tricky too, just when you think you have covered everything, something else will pop up.
I am based in Sydney (but am in Thailand atm).
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
A title search will tell you the owner, but not their contact details. But this may lead you to a copy of the transfer and that sometime has useful information such as the soliciitor they used – who may pass on a letter. For that matter, you may want to just try sending a letter to the house address to the owner, and they may have mail forwarding set up.
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
Those problems do not seem too serious, you may even be able to get it past the mortgage insurers.
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
Costs associated with selling would include CGT, legals, loan application fees (and exit fees?). Add all these up and see what you think when comparing these with the benefits to be received in the years to come. Trusts may also have to pay more land tax than individuals.
The benefits could include less CGT in the future on selling, less income tax on any income such as rent, and asset protection.Another benefit is that you may be able to release equity and make this tax deductible – the trust can borrow to buy the land, paying you and helping you pay down non-deductible debt.
Another thing to watch out for is the fact that trusts cannot distribute losses.
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
You would probably need to do the diploma in mortgage lending to get started. This costs about $2000, once you have that then you could apply to join the MFAA, but I think you may need an existing member to sponsor you. Staying in your existing job and doing broking on the side would be a good idea as it takes a while to build up the business.
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
Caveat loans generally a very expensive – they are meant as short term loans and and rate range from 4% to 10% per month. Commercial second mortgages are around 20%- 30% pa and they still want an LVR of 80% or less usually.
Not sure what you mean by accountants who specialise? Your accountant may be able to help you find someone, but they would probably be reluctant to do so in case something goes wrong. If you mean help in setting it up, you would probably be better off to use a solicitor to do the loan agreements etc.
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
Dee Bee
Sounds like a situation I am in too.
Sounds like a good plan to me. Hopefully things will pick up again in the area by the time you are finished building.
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 have a client that is borrowing funds from a person's superfund. Don't know if this is lawful still. He is paying 15% pa.
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 juder
Haivng a cashflow +ve property will only marginally help you getting finance. More rent helps serviceability, but you will still have to meet other requirements such as deposits/equity from other property. There are a few lenders out there that will lend 100% for investments.
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
A lot of the banks are starting to introduce DEFs (deferred establishment fees) – especially if you take a discount. ANZ has a $700 DEF, eg., but they wil reimburse you if you take out another mortgage within 12months. But even $700 is not much when compared with some of the exit fees on the non bank lenders.
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 just need to approach some personal friends or relatives, accountants etc.
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 agree with Pud, You cannot usually claim the costs of inspecting properties you are yet to own. These are capital costs and can only be claimed against the sale.
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
Setting up a trust can cost as little as $175 on line, but you would be wise to use a professional to assist you in setting one up or you could get into a mess. Accountants don't prepare deeds. They are drawn up by solicitors. Accountants can assist with filling in the roles such as who will be appointor and trustee etc. This will vary depending on your circumstances. So the set up fee may go to the accountant, but they will have to buy the deed, so it is not all profit. The set up fee is once off and can be claimed by the person setting up the trust.
You can have a company as trustee and this will cost extra for the company formation – Min $400 to ASIC plus the set up fee.
Annual running costs for a trust will be the cost of an annual tax return and the cost of ASIC fees if you use a company.
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've got a fair bit of equity, so you could probably buy 3 to 4 more properties if you wanted to. Whether you could afford it or not will depend on your income and rents received.
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



