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  • Profile photo of TerrywTerryw
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    @terryw
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    The lenders will release funds to the builder in about 3 or 4 stages as building progresses (eg slab down, lock up stage etc). They will need to send a valuer out to check the work has been completed etc. So there is usually another few hundred dollars in fees associated with construction loans.

    To approve the construction loan they will generally need a fixed price building contract with a registered builder. There are a few lenders that will lend to owner builders and they require detaile cotsings of materials used etc. (I can send you a spreadsheet from one of the lenders if you like). They give this to their valuer who assesses the value and estimates the value on completion.

    The lender doesn't really need a accurate timetable of construction. You just ring or fax them when the relevant stage has been reached and they order the valuer. The inspection is done and money released a few days later.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Sounds like you have have purchased the townhouse prior to CGT and it therefore may be CGT exempt. If that is the case, you may be able to rent it out for years to come and watch it go up in value, and sell it CGT free on your retirement. Your other new home could be CGT exempt too if you class it as your main residence.

    Of course you could sell it now, but you would miss out on all that CGT free growth yet to come.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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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
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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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
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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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
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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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,
    Becky

    Becky, 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
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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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
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    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Qlds007 wrote:
    No Marc I am a lot better looking !!!!!

    I dispute that!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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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
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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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
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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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
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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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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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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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
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    Profile photo of TerrywTerryw
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    @terryw
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    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
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    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
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    Profile photo of TerrywTerryw
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    @terryw
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    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
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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 Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    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.html

    You 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
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 10,701 through 10,720 (of 16,330 total)