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There is probably a lot out there on unit trusts, but they are pretty straight forward – so there won't be much in depth. have a look at http://www.lawcentral.com.au for starters.
Unit trusts are similar to companies in some ways – the trust ownership is broken up into units (like shares in a company) and the unit holders get income according to their share of the ownership. So they are good for separate/unrelated people to do some sort of business together. Often people have their units owned by a discretionary trust, tso they can then tax effectively distribute the profit from the unit trust.
Unlike companies, the details of the units are private – you cannot search who owns what units. Names, address, DOB, place of birth of unit holders etc is not publicly displayed like that of shareholders in 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
Markat
To use equity to repay loans, you just borrow a bit extra, use that to pay the interest etc on the way and do your development then sell, or refinance and keep.
In your situation, if you had a LVR of 50%, you could possibly take this up to 80% using a No Doc loan and have another 30% available to do more with.
Having different structures will not really help you get more finance – but they help in other ways.
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 will be able to get finance for sure. But what the rate is the and LVR will depend on how severe your blemish is, how much it was for and when it was, or if, paid. You may even be able to get pretty good rates with a lower LVR.
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
St George and MAcquarie are lenders I have recently used for hybrids
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 is the finance situation like in the Philipines? Can non-residents get loans?
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
Bank West's exit fees on some products are only $300 (approx).
There may also be the opportunity to keep the loan open and just switch securities – but this can be a lot of mucking around.
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 may need a prospectus for what you are doing – which can be very costly. People have gotten themselves into serious trouble raising money from the public – have a look at the ASIC site.
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 VB
I see.
No, I don't have a SMSF and haven't really done any research in this area. So if you are going to borrow to do something like a JV with the super fund, and you cannot mortgage this property why not just buy it outside the SMSF, just on your own? The JV would be ungeared so you will be tying up a lot of cash?
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 not qualified to answer, but I think you can roll over income losses from year to year without limit – until your income wipes them out.
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
Sorry, I don't follow.
You set up a unit trust to own property, and then the units are owned by yourself and your superfund 50% each? Why not just 100% in the superfund if you are not borrowing?
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 Mark
I am not qualified, but believe you can claim reasonable expenses incurred when going to view an investment property that you currently own.
So is it reasonable for you to stay overnight for 2 days to view a property? Maybe it is if you are getting tradespeople in etc. Maybe not if you are just having a quick look at it. If you drove you could claim, fully or a porttion of the cost of the car – per KM method etc or the cost of a hire car if you had to drive. If flying, then you could possibly claim this.
If you are travelling to see a property which you have not yet owned, then you cannot claim this, usually, unless you are in the business of investing maybe. But I think you can add this to the cost base – and use it to reduce CGT.
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 OSR do random audits and target some people who have been 'dobbed' in. There are cases where the FHOG has been ordered to be repaid and extra stamp duty imposed.
Look at this article on a guy who had to pay it back http://www.mccourts.com.au/public/news/realestate/HTOct07.html#1
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 don't know for sure, but have heard something similar – that if all parties do not agree, then one party can take the matter to the supreme court.
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
Most of the major lenders have their own in-house legal teams and the fees are incorporated into the loan. But a lot of the smaller non bank lenders actually charge separately for legals. $1200 is a fair bit. (Some lenders may say nil app fees, but then slug you with other fees to make up for 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
The yield isn't bad for todays market if it is in a major city. As long as there is potential for some good captial growth it sounds good.
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 more likely the mortgage insurers that are problem. You could try ANZ or St George – but will depend on what LVR you need.
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
Have a look at this post
https://www.propertyinvesting.com/forums/property-investing/help-needed/4322681I think if Capital growth is minimal there is no point in investing in these things.
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 think you can amend your tax returns for up to 4 years. If there is something you missed, you cannot just claim it the next year, but must claim it in the year the expense occurred.
Stamp duty can only be claimed against the capital gain (except in ACT I hear?) but mortgage insurance is a borrowing cost and can be claimed over 5 years or the life of the loan, whichever is shorter.
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 a keen reader and want to do well in investing and business I would suggest you look at some tax books and some law books (contracts, Trusts, Company law, Land Law etc). You can go into the uni second hand bookshops and pick up some slightly out of date textbooks very cheap – I got one on Trusts the other day for $5!
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
1.
Its always good to pay down non-deductible debt. You can do this and release equity at the same time.2.
You will need to do some research and invest somewhere you are comfortable with.3.
I have bought a lot of properties unseen. I don't recomend this as you can get into trouble like one of my clients whose property was so run down it was valued at half of what he paid for it! If you cannot get there, at least get someone to look at it for you – an independent party.4.
A company is not generally a good idea for property investing as you will pay more tax. Look at trusts instead5. Nope
6. Have a look at Michael Yardley's first book too.
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



