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The end result will be the same overall, in terms of interest, but may be different from a tax POV. You would have access to spare cash via the LOC if needed – but I guess that if you needed cash for personal reasons it wouldn't be good to start using a LOC which you have used for investment up to that point. So option 3 may be better.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I don't really know, but I think it would be within his time limit. day 1 would be 29th of sept, and counting a long that would make 19th the 21st day. He left it close didn't he!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It would depend how you structure it.
If you cross collateralise your existing properties, then your current loan would not increase. You would use these as additional security for the next one. So the next one you would have a loan that may be 105% of the value of the new property. $70,000 of this is supported by the exisitng properties.
Another way, more preferable generally, is to borrow this $70,000 and to use the cash for the new property. So your exixisting loan would stay the same, but you would have another split for $70,000. Since you have used this for investment purposes the interest on this split should be deductible.
Note, this would be borrowing 100% of your existing properties and would be hard to do, you may need to wait for a bit more equity to build up.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Becky Lock wrote:Hi,
The same as Jillster I am looking for a referral to an accountant that understands property investing and is passionate about it. I am based in Sydney so that would be preferable.
Our current accountant has set us up with a Hybrid Trust with a Pty Ltd company as the trustee which then buys the investment property/land.
Does anyone have any comments about this as we have only been advised by the accountant and not sure if this is right or wrong?
All advice welcome…
Cheers,
BeckyBecky, just be careful as there are some potential problems if not done correctly – problems that may only appear when the trust redeems the units or you sell the property years down the track
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Just think of the parents as a 'bank'. They are just lending you money with you making repayments to them the same as you would be if you borrowed the money from a bank.
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 that you probably don't really need cash, – just access to it if you run into trouble. Some people recommend you have between 6 -12 months of annual repayments available if needed.
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 a very rough guide, you could borrow around $300,000 – maybe a bit more depreciation you are claiming on your current properties.
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
Qlds007 wrote:No Marc I am a lot better looking !!!!!I dispute that!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It is generally best to pay down non deductible debt first, so I would go for option 2.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Tyson,
Some wrapees are able to pay lower rates than they would with a bank or other lender.
eg. Someone with a bad credit record would be paying up around 11% with one of the non conforming lenders, not to mention all the fees such as risk fees, application fees, legals, valuations, and exit fees when they want to leave for a cheaper product (one charges 4%!!!). Plus they will need at least 10% deposit.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Tugger
How much would it cost to build on them? They could get a pre-approval for a building loan, go get plans drawn up and find a builder etc. They should be able to borrow about 80% of the value of the land and the construction cost and this should be plenty. They would only need to pay interest on the amounts as they are drawn down.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi
You just have to document things carefully. what will happen is your parents are lending you money, and you can refinance this loan with a loan at a bank at a later date. Get a loan agreement drawn up and run it by your solicitor – your parents should probably take a mortgage to protect their interests. They would charge you a interest rate matching what they are paying their bank. So their interest from income will equal their deduction from interest paid to their bank. This will leave you with the interest to be claimed.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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You may not have much equity to make it worthwhile as you can generally only borrow up to 90% of the value of the propeprty. And if you go over 80%, there would be LMI involved.
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 you can start off part time, keep your day job and ease your way into it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Peter
Have a look at the latest Bantacs newsletter, http://www.bantacs.com.au/newsflash/current_issue.pdf
there is bit on "building a duplex with a friend"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 could sell the properties to your own trust, this way you can release equity, pay down PPOR and then get to keep the property too. CGT and Stamp duty will apply, but these costs have to be assessed against interest savings and tax savings.
You can also sell your properties slowly over a few years to minimise CGT. eg. one per year, or even 1/2 a property per year.
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 might want to do a Dip and Financial Planning so you meet ASIC's PS 146 requirements for giving financial advice.
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 Elka
I believe that you may be able to elect to treat this place as you main residence under s118-145 of the ITAA.
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.htmlYou can only have one main residence at a time (except for moving between houses, s118-140 = doesn't apply in your case I think).
you could sell the old home without paying CGT, but you would then be up for CGT on the first 6 months on ownership of the new one.
So you will be liable for CGT on either of the properties for the period over the last 6 months – chose the one with the least growth.
I am no an accountantt
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Companies don't really provide much asset protection. The shares will be owned by yourselves and if you are sued then these will be at risk of falling into the hands of creditors. A trust can help in this sort of situation
The company only provides limited protection if it is sued. eg. someone is inured on the property and they sue the owner of the unit.
Trusts also provide flexibility. You can still distribute to a company if required and cap the tax at 30%, but you also have hte flexibility to distribute elsewhere when needed – say you get married in a few years, or stop work for a year etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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When someone dies a trustee takes over theiir assets and liabilities, their estate. They have to pay out all the debts and share the rest of their estate according to the deceased's will. If there is CGT to be paid it comes from the estate. If the estate doesn't have enough money left over, then I am not sure what happens – I think the estate just goes into administration. All the creditors would split up the proceeds, including the ATO, taking smaller sums.
I am not sure what would happen if you owned a property as tenants in common where the other person's share is passed to the surviving person, ie it bypasses the person's will.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



