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Hi Terry,
Sure….but when the bank that secures your $400,000 loan says….sorry but we aren’t lending you any more money on a property that they already have a mortgage on….? then what?
eg you are in the same situation as I am for the St George Portfolio loan…..
Surely you aren’t suggesting a secondary mortgage right? eg a bank to take the second mortgage on the additional equity? I didn’t think that they even had those in Australia.In that case you have 2 options:
1. stay put, or
2. take your $400k loan and refinance with a lender that will lend.When cross collateralised you won’t have the second option.
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 can still access equity by borrowing against a property that already is secured by a mortgage for a fixed loan.
e.g.
$400,000 loan on a $500,000. Fixed for 5 years.
Property increases to $600,000 you can keep the $400,000 fixed and take out a new split of $80,000.
The $400k loan would be have IO fixed and the $80k loan could have been portfolio.I think the problem you are in is due to how you structured your loan.
Were you advised to set up like this by the Margaret Lomas group?
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 staff are often involved with deception, or fraud. Just make sure you try to cover yourself by getting evidence in case this non disclosure blows 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
Any possibility of uncrossing the loans?
Perhaps part may be able to be broken out and refinanced – incurring a break cost if need be. These costs may be deductible and may result in lower ongoing interest as well.
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
Can u not just change products?
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
My question is, if I were to change the loan to a standalone loan account with a redraw facility, could I still do what I outlined above?
=NO
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
Pete
Not many people can keep on buying properties these days. Even with high incomes. I had a client the other day on $250k with 5 properties with 50% LVR. I though serviceability should be fine for another, but after checking it was very tight. We were just able to squeeze in one more.
You will probably tap out very soon.
Do you mean you have a loan of $266,000 in total? If so that is a good LVR. You would almost be debt free taking into account your cash.
What about your home where you live – renting or paid off?
It is probably better not to use your cash as deposits but to borrow the deposits – you have plenty of equity it seems
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 sell in Sydney and buy up there you may not be able to buy again in Sydney.
You could use the 6 year absence rule to keep claiming the sydney property as the main residence while you are not living there – and claim everything as per normal yet not be subject to 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
You have basically got 3 options
1. decrease expenses
2. increase income
3. Do bothSounds obvious!
Check that your rate on the loan is as low as possible.
Are yo claiming all deductions?
Depreciation schedule in place? Travel? Borrowing costs
Debt recycling strategy in place?
Borrowing to pay costs?
Is capitalising interest or borrowing to pay interest an option (get tax advice)
How can you increase your wages
Increase rents?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
No, this would be a breach of their agreement with the lender.
Also the policies are sometimes in one PDF, but more commonly now days on various pages on the internet (internal site) so are unable to be saved or print out en mass.
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
There are also some tax and legal reasons not to buy property jointly.
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 there to do with GST? Depeciation is worked out via a quantity surveryor and given to you in a report.
Just use excel to keep track.
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 should seek legal advice as trusts are complex legal relationships. you can find free deeds online, but the deed is only half the story. the accountant will only buy a template off a lawyer anyway – but they cannot give advice about how to structure the trustee, who should be the appointor, what happens when someone dies, goes insane or disappears etc.
get it wrong and it will cost you a fortune.
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 may not be a good idea to pay the loans down but instead go IO and store the cash in the offsets. This can allow for quicker retirement.
And to get 3 fully paid off (or fully offset by cash) you might buy 6 and sell 3 as this may get you there quicker than working and paying down the loans. Capital gains are taxed at half the rate of wages and the tax can be minimised and maybe even eliminated with careful planning.
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 need to seek legal advice on this. Speak to a SMSF lawyer
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 of the land, stamp duty, interest rates etc could all come off the CGs – which may make it a capital loss which may help you save tax at some future date on a capital gain.
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
Strictly speaking one tenant in common could mortgage their share of the property and the SMSF share be unencumbered and this could meet SIS Act rules. But you wouldn’t find a lender out there willing to lend on this basis.
Another way to do it would be for your friend to borrow against other property.
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 deed is only one aspect. It is the advice that is important.
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
perhaps if the ownership is partitioned, but you would need good legal advice on this.
The property couldn’t be mortgaged.
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
why not just see a lawyer about both?
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



