Forum Replies Created
Thats it Peter.
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 a deal falls over and the bank sells you up, they are likely to be able to come after your other assets whether they are mortgaged or not. The only real way to protect other assets is to not own them – have another person or entity own then, preferably as trustee. Another possible way to protect them is to allow another party to mortgage these assets.
And watch out in putting assets in another person's name – what will happen if they go under = your assets may be taken!
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 may be able to structure it so little tax is paid. You will need some good advice.
But why buy it in your dad's name anyway? You will just be wasting stamp duty and delaying the FHOG for 5 years is risky – who knows if it will be still around. Getting it now in your name will allow save on CGT for your dad and give you the future growth tax free.
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
For a lender with low exit fees and a good rate look at Bank West.
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 family court has unravelled discretionary trust assets in the past, but having one is still a good idea. Just keep quiet about the property owned via the trust. If they don't know about it, they cannot attack 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
Do you have someone else who could help out by being the director of the new entity? ie someone to help on serviceability?
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 Peter
With two trustees you could be doubling your risk and reducing borrowing capacity in the long run.
I agree with Richard, probably an idea to get the LOC on the PPOR first. You will then have this and the cash available to purchase bargins when they pop up. You could pay cash, then mortgage these properties. This may allow you to get higher LVR loans as the lenders could lend based on value rather than purchase price. Once you settle you could then mortgage these and put the money back into the LOC and repeat the process.
Make sure you document everything – loans from yourselves to the trust 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
Just getting the approval could add a fair bit to the value. Weigh up the costs v the value with the DA.
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 don't have much equity, so it is probably not worth moving banks as you will have exit fees and possibly LMI again. Maybe you can apply to vary your loan to IO.
You cannot generally have an offset account linked to fixed loans – but you could split a portion as variable and link an offset to that.
The reason IO is best for you is that you are paying down the loan with PI payments even though this will be an investment property. All of these extra payments are maybe able to be redrawn and used for your new home but the interest on this amount redrawn would not be deductible. If you were to use an offset account you won't be paying down the loan, so when the interest goes up when you take your money out of the offset, the extra interest will still be claimable.
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
Banks don't care whether a property is positive geared or not, but the more rent the better. They all have complex ways of calculating serviceability and most will only include about 80% of the rent, they also assume you will spend a certain amount each year on living expenses – roughly $15,000 pa for a single person. Then you have to declare credit card limits and most assume you are paying 3% of the limit each month. Plus some, most, assess the loan at a higher interest rate with some assuming you are paying PI too!
This can make things difficult.
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 would have to use lenders with separate mortgage insurers. Serviceability may be tight – do you need to purchase all of them in the same entity?
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 need to speak to a solicitor. And work out how you are going to do it.
One way is The title passes to you and you pay him in installments. This would be only possible if he could pay out his loan on the property if he has one.
Another variation is the wrap with the title staying with the uncle until you make the final repayment.
Another, is he lends you the 20% deposit and you borrow 80% with a bank.
There will be different tax implications depending on which method you use and if the property is subject to CGT 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
excellent!
Good use of the LOC too. That way the lender can lender on valuation rather than purchase price.
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 would say since you are going to be moving out and renting it, you should make it IO immediately. Try to get a 100% offset account lined and put all spare cash in there – this will be the same as putting it in the loan in terms of interest savings.
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
Serviceability is going to be tight – is that $600 pw before tax or after?
You may be able to squeeze in another IP now, but the third one may be a few pay rises away.
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 all depends.
it could be nil if you do not own any other property.
You need to tell us what it is worth now too? or what you can sell it for?
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
James007 wrote:i didnt think you could pay pay off any of the principal on an IO loan??If you were to pay more than the interest, this would come off the principle.. I think most lenders allow extra repayments.
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
Just think of the trust as another person. The trust buys the property and takes out a loan to do so. The money released goes to you to be used as you like. The trust can claim the interest and other costs as it is investment related. If the rent received is greater than the expenses, then the property would be positive cashflow and the income could be distributed to various beneficiaries at the end of the financial year – at the discretion of the trustee.
You should talk to an accountant in conjunction with a mortgage broker as you need to work out who will be the trustee, appointor, named beneficiaries etc. All of these have implications for tax and loan issues.
Also be aware that trusts cannot distribute losses and you may pay a bit more land tax.
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
Good work Lisa
Can you tell us how much of a bargin you got?
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
ANZ may be able to lend for 6 units on a residential basis, but probably the LVR would not be high enough to assist
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



