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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    A lot of people live on equity and even use equity to pay for interest expenses. As long as the property keeps growing it is possible.

    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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    There is limited things you can do without actually using the money or using it as security.

    You could use 100% lends

    You could buy cheap property, pay cash and then mortgage after settlement based with the loan based on valuation. This could release all of your funds so it is 100% plus financed.

    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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    The ATO can still force you to pay CGT on your main residence if you are conducting a business there or if they think you are buying and selling as a business. There are no guidelines (AFAIK) that say how many properties you can buy and sell before this happens. Maybe youshould get ready a few good reasons for moving all the time – distance, neighbours, allergy etc!!

    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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    Post Count: 16,213

    I don't like the new format either and think not many are posting because of this.
    But I ahve never had a problem logging in like Jaffasoft – why not just get firefox or explorer to save your password.

    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
    Join Date: 2001
    Post Count: 16,213

    Beware of telemarketers!

    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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    Post Count: 16,213

    Why not get a 100% offset against one of your properties?

    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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    Beware of the non bank lenders who may have cheap rates but high fees.

    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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    What about a compromise – do a little of the improvements and put the rent up slightly.

    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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    Hi

    That is correct. Generally for refinances the maximum is 90%, though there are a few lenders that go higher. I cannot think who at this moment. ANZ was one, but I think they have changed policies. Royal Guardian may be another. If you are prepared to pay about 9.5% pa, I think there is even on 105% loan that allows refinances.

    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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    Post Count: 16,213

    The best person to see is a good accountant. Do some preliminary research on the net and be aware that not many accountants understand trusts so if your's says you don't need one ask for the reasons why.

    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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    A way around the loss problem is to use a Hybrid Discretionary Trust, but you must be careful and seek the advice of an expert accountant.

    But if you are self employed, this should not be a problem as profits from the company can be diverted into the trust offsetting the loss.

    Having different trusts is good for asset protection, but having one property per trust may be a bit of an overkill – depending on how valuable the properties are.

    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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    Yes that is true. It is because legally you must continue paying for the loan if the other person doesn't – you are jointly and severably liable. And for tax reasons you only get half the rent.

    There may not be a way around it other than not buying jointly where possible. This is especially so when husband and wife are buying property together using No Doc loans – having both on the loan halves the borrowing capacity – and doubles the risk.

    Taxation issues must also be considered in conjunction.

    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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    Why is your accountant recomending a trust for the second investment property and not the first?

    If you are self employed, I would be inclined to use a discretioanry trust straight away. Look at having your company shares owned by a trust too – for asset protection and tax reasons.

    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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    What are you trying to acheive?

    Unit trusts provide no, or little, flexibility or asset protection.

    With a unit trust the percentage of holdings is fixed in proportion to the number of units held. So if you own 50% of the units, you must get 50% of the profits.

    Also there is little asset protection as if you went bankrupt your units are property which can be seized by creditors.

    Comparre this to a discretionary trust where there is maximum flexibility and asset protection. The trustee has discretion on where to distribute income each year, so usually distributes to the lowist income earner among the beneficairies. This will change each year as each beneificiaries circumstances change. Unlike unit trusts, there is a huge range of potetenital beneficiaries with discretionary trusts – even those yet to be born or coming into the family through marriage, adoption or divorce (eg future wife's ex husband!),

    WIth discretionary trusts the interest held by a beneificary is not classed as property. So if a beneficiary were to go bankrupt, they couldn't lose any asset held by the trust. The trustee would simply stop distributing to them (otherwise it woudl go to creditors).

    The only reason to use a unit trust would generally be when two unrelated parties wish to do something jointly. And then the units should be owned by a discretionary trust – one trust for each party.

    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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    Post Count: 16,213

    I agree you cannot legally claim the interest as the purpose is personal. Not sure if the ATO would necessarily know about it unless you were audited.

    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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    Just because Neil Jenman comments on a company doesn't mean it is dodgy.

    I have heard of Mcorp, they run property investment courses and education – a bit pricy, but last year they were offering free places in their 2 day course. Didn't know they were buyers agents though.

    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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    Post Count: 16,213

    I think the general rule is 4 weeks rent as bond and they also need to pay 2 weeks in advance.

    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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    Post Count: 16,213

    Hi Raddles

    Thanks. I think it was 2 years all along, I just forgot. Now you mention it, it bring back memories.

    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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    Post Count: 16,213

    Excellent news.

    Thanks Richard

    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 think there is a way around it other than exchanging contracts quicker.

    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

Viewing 20 posts - 11,021 through 11,040 (of 16,328 total)