Forum Replies Created
The title should be in the name of the trustee, which is the legal owner. in this case the company. The trust is not mentioned anywhere on the certificate of title. So I would agree with your solicitor.
Richard, are you thinking of the Contract of Sale? Here it is possible to put AFT XX trust, but even this is not essential.
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 long as you are in the same industry, like the same job with a different employer, it is not much of a problem as long as you are a permanent employee. If you are on a short contract, they will start to worry, and if you are on probation they will worry even more.
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 most important thing is to not mix business and pleasure with your loans. So if you redraw on a personal loan for personal reasons, it should be ok as you cannot claim the interest anyway. But if you use your investment LOC for personal stuff as well as business stuff, then it will be complex to calculate the correct amount of interest you can claim.
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 think long term, LMI can help you buy much more property which could grow
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 suggest you see a good accountant to set up a trust and discuss these sorts of issues.
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
Don't worry too much, one of my friends owed $230,000 on credit cards at some stage!
You an tell the lender you will be using some of the funds to pay out credit cards and this should mean they won't need to be taken into account for serviceablity. But be careful. Some lenders will be alarmed if you have too many credit cards you wish to pay out! Readycredit is just a credit card with a cheque book facility, so it is treated the same.
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 already own the land, then transferring to a trust could incur stamp duty again as well as possible CGT and legals fees 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
If you cross collateralise the properties you could have one big loan, or maybe even two splits. So if you pay one out you may not be actually exiting the loan, but just reducing it and changing securities – which may be a much cheaper fee. So it may be possible to avoid the DEF this way.
Bringing a loan down is not a refinance. Refinance is when you pay one loan out with another – nearly always with another lender.
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
NAB are notorious for doing this sort of thing. Bastards!
If you have a look at the loan documents there will be clauses in there that probably give them an out if any conditions change – such as the security value falling in value.
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
So you are paying the shortfall of the repayments less the rental income from the LOC. ie you are borrowing to pay for expenses. Many are not in favour of this, but I believe there have been a few recent private rulings by the ATO accepting this and allowing the interest on interest to be claimed. This is similar to those cashflow 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
Another option it to borrow the max, and use the extra funds to repay the loan. These can be put in the offset in the meantime. This actually looks better as if someone where to look at your statements, it shows regular 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
Legally I believe it is the date that the contract is entered into. ie with property the date of exchange. If there are conditions, then the contract may not be binding until these are met, but the date of the contract will still be the date of sale. I also believe the ATO also follows the date of the contract to be the date of sale/purchase for tax purposes.
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
DEFs kick in when you payout a loan in full. So if you stay with the same lender and just pay down a loan, but not pay out completely, then there would usually not be any DEF. However if your loan is fixed, there may be limits on how much extra you can pay in one year – over this amount the may charge you.
Some lenders have huge DEFs (up to 4% of loan amount), others may be much lower such as 1% in r 1, 0.8% in yr 2 etc, others just a flat fee and some don't even have them.
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
check out http://www.lawcentral.com.au for their agreement on buying property together
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
Some lenders such as Westpac and ING can allow LVRs of around 85% without LMI.
You will need equity in the property you want to use as security. Just add up all loans and compare this to the value of all securities.
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
Matt
If you pay off the PPOR loan by $70,000 you will be saving approx $5,600 pa and if you then re-borrow $70,000 from this loan for the new IP you will be paying an extra $5,600 in interest, but this should be deductible. Assuming a 20% marginal tax rate, you would be getting back about $1,120 in extra tax per year.
If you just use this $70,000 from the offset, you will not be able to claim the extra $5,600 pa in interest you will be paying on your PPOR loan. This is because the $70,000 won't be borrowed funds.
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
With careful planning you can keep going once you have maxed out on normal loans by using No/Low Docs. But you must be careful which banks you use early on as this can effect the chances of getting a No/Low Doc approval later.
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 is hard to know what to do in these situations isn't it.
House 2 has doubled in about 8 years. If you hang onto it for another 8 it could be worth double again. By selling it you are getting rid of the goose that lays the golden eggs! it is also positive geared and probably making you about $100 pw which can help pay the interest on the PPOR loan. The rent will keep rising too, helping you more and more.
But, you have to pay tax on this rent, and cannot claim the large interest on your PPOR loan.
So work out all the costs associated with selling such as agents legals, CGT etc. The work out all the costs associated with buying a new property to replace this one – which you may do later.
Then work out how much you would save if you paid out the proceeds into the PPOR loan. How many years would it take to make this cost back?
If you really want to keep and sell at the same time, you could sell to a trust you control. This way you avoid agent's fees and you get to restructure. Or if the property is jointly owned, one person could borrow to pay out the other and put the proceeds ont he PPOR loan while being able to claim more for the existing property no 2.
Also consider, if you are going to use a trust, ways to minimise CGT. eg. you could sell part to a trust now and part later – making CGT payable over 2 years (you may have a lower income in future, so less CGT). You could also lease option it to your 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
Hi
I did some wraps a few years ago in VIC and the stamp duty was only payable on settlement. Things may have changed since then though. Same if applying for the FHOG too.
In NSW it is different, stamp duty is payable within 3 months of exchange of contract.
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
Fully insured loans incur LMI regardless of the LVR. The LMI companies place extra restrctions, more stringent than the banks such as Postcode restrictions and the main one Maximum exposure which means they will only lend up to a certain amount per client. If you are planning on buying many properties, then will limit you quickly.
Another potential problem is if you are using full docs and then go Low or No Docs, it won't work if the LMI company already knows your employment details.
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



