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  • Profile photo of TerrywTerryw
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    MAcquarie have no problems with hybrids, RAMS tend to if the trustee is different to the unit holder.

    Terryw
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    Profile photo of TerrywTerryw
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    I beleive that would work, ie you can negative gear against your personal income and distribute the capital gain to any beneficiary including a company, but remember the companies do not get the 50% discount on CGT.

    Terryw
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    Profile photo of TerrywTerryw
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    Mathew,

    Since the offset is not a loan, paying money in and out will not affect the deductibility of interest of the loan.

    Terryw
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    Profile photo of TerrywTerryw
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    Mathew

    Why transfer to the LOC at all? I have a 100% offset account which i keep spare cash in. If you pay down the LOC, you cannot claim the interest on the portion of withdrawals if it is not used for investment purposes.

    Terryw
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    Profile photo of TerrywTerryw
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    If you are going to use a LOC, St G have one of the best products – called the Portfolio. It can have many sub accounts (maybe one for each property), and these can even be in different names.

    Terryw
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    Profile photo of TerrywTerryw
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    Hi Mat

    Maybe you are thinking of a big LOC type loan. But this is probably not the best way to go. It can get messy, like you are experiencing now.

    I think it is far better to keep each loan/property separate as it is easier to
    – increase the loan (only need to value one security)
    – leave the bank (no need to apply to uncross the loans)
    – know exactly what the values are (it may be just one big pool otherwise)
    etc

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by Quantum Leap:

    Hey There,

    I have just refinanced with the view to gearing up for a round of investing. This is the first time I have used a Line of Credit (LOC) facility.

    I plan to direct all income (PAYG income and rental income) through the LOC. I also plan to use the account for all bill payments to essentially make it our main account for household expenses.

    Many LOC / Debt Reduction ‘experts’ suggest to use a credit card for household expenses, then transfer once per month. However I’m not really keen on that approach.

    Anyone care to share on their structures / experiences and use of LOC facilities?

    Rgs

    QL

    You’ve had some bad advice there. This won’t work for taxation reasons.

    Ideally you need a LOC and a 100% offset account. Pay all of your cash into the offset, and then borrow from the LOC to pay expenses, and for deposits.

    Terryw
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    Profile photo of TerrywTerryw
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    Get some professional advice. You need to worry about things like asset protection – what happens if you buy jointly and your mate goes bankrupt? You could end up owning a property with his creditors. Or worse, he gets divorced.

    And borrowing capacity, it you have a joint loan, you will be assessed on the full amount for your next purchase.

    Then what would happen if he decides he wants to sell? You may have to self the whole thing at a time inconvenient to yourself, or try to buy him out.

    For starters have a look at http://www.lawcentral.com.au they have an agreement there for people who wish to buy property jointly..

    Terryw
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    Profile photo of TerrywTerryw
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    Trude, which state are you in?

    Terryw
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    Profile photo of TerrywTerryw
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    I think you can refuse trivial repairs. But landlords are required to keep the property safe, and essential repairs must be done. I good place to look is the various tenants union websites – places where tenants are advised of their rights.

    eg
    http://www.tuv.org.au/
    http://www.tenants.org.au/

    Terryw
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    Profile photo of TerrywTerryw
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    Hi Troy

    I am not an accountant, but can offer a few points.

    It may not be a good idea to rent out your home without living in it first. If you live in it first, you could class it as your main residence, rent it out, claim deductions and still be able to sell it CGT free.

    1. Mike at http://www.guardianpartners.com.au is the best account that I know of for this sort of thing. Think they have an office out west somewhere – still worth a drive even if far.

    2. Lenders have different policies on who they require guarantees from. Some would allow the spouse to guarantee even if not on title or director. Maybe the wife could be a shareholder of the company, if necessary. Maybe you could still service without including her – which may increase your borrowing cap later on.

    3. The Trust/Company borrowing capacity is determined by your personal income. Having a brand new trust with no assets is not a problem.

    4. If the trust has one property, then your income plus the rental income from that property can be taken into account.

    5. There are a few books around on trusts. Probably best to look on the net for articles. eg. http://www.lawcentral.com.au and http://www.taxlawyer.com.au plus http://www.chrisbatten.com.au

    The general books are usually too general, the legal books are generally too complex to understand. There is not much in between. One I have is called “Trust Structures Guide 2005”. Don’t know if a new edition is out yet. It is good, but bloody expensive – about $350. Covers most trusts, and a bit on structuring business etc. This is in a few libraries, so you can borrow and save the price (deposit on a small property!)

    If you want to look at the legal side of things, try search the uni second hand bookshops. They often have old editions of law textbooks going very cheap.

    6. Yes, you have the idea. Directors sometimes go down with the company, so having one director (who owns nothing) will be a good asset protection strategy. It will also limit the amount of personal guarantees too. You don’t want you wife guaranteeing a loan if she doesn’t have to. This creates risk and limits borrowing capacity.

    When setting up your deed, you need to be careful. If you name beneificaries, this could create problems with getting loans. Some banks (eg. Bankwest and RAMS) require personal guarantees from every adult named in the deed! Other banks, such as St. George want every adult beneficiary to sign a letter acknowledging the know the trustee is borrowing. This could be a pain if you have named your extended family. So talk with the person that sets it up, and try to keep this in mind.

    Terryw
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    Profile photo of TerrywTerryw
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    Probably none in Australia, unless you had another property here as security.

    Terryw
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    Profile photo of TerrywTerryw
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    Crashy, you had me confused. You are using broker to refer to the real estate agent/

    Terryw
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    Profile photo of TerrywTerryw
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    Do you mean transfer the loan?

    Some loans are termed ‘portable’ which means the security can be switched. It will depend on which sort of loan you have.

    But maybe I misunderstand, as you say your broker won’t like it??/

    Terryw
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    Profile photo of TerrywTerryw
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    Hi

    Don’t think you will find a lender who will lend on end value. Just on the value or the contract price, whichever is lower.

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by JohnSmith:

    I would have to disagree with both Terry and Simon.

    Banks
    Do use mortgage insurers when they need to.

    The banks will normally self insure, but under capital adequacy requirements they have to set aside a certain amount of capital. If they are short cash at any stage they quite often grab a whole lot of mortgages and take them to the insurer. Once insured they no longer carry the risk, and therefore they can free up capital.

    I had a client where that exact thing happened.

    Regards
    John

    Inspired Finance
    (02) 9944 7776

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    http://www.inspiredfinance.com.au

    Hi John

    Now that you mention it, it does ring a bell. I guess this could stuff up one’s borrowing strategy. But I wonder what sort of information would get passed to the mortgage insurer. But it could still effect the borrowers borrowing capacity with that mortgage insurer down the track.

    Terryw
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    Profile photo of TerrywTerryw
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    Hi CP

    One way to do it is buy a place, live in it, and then rent it out – as you are going to do. Living in a place is costly, but renting the same place is usually much cheaper. Compare the mortgage on a $400,000 unit with hefty strata fees to renting that unit. Sometimes 50% difference.

    But did you know you can still claim the place being rented as your main residence? And this can result in nil CGT if sold? See s118.145 of the ITAA,
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    So you can sort of do what you wanted to do. You can still claim the interest on your home loan, but just not live there. You can then invest the extra money you are saving by paying a lower rent.

    Terryw
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    Profile photo of TerrywTerryw
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    CT

    If you borrow money, deductibility will depend on what the money is used for, not what the security is, nor what the original loan was for. Not sure exactly what you are asking, but if the original loan were paid off, then you would probably have to pay stamp duty again on the new loan. But if the original loan was not discharged, then you may not have stamp duty again. This shouldn’t affect deductibility, because you are borrowing again. ATO considers withdrawing money to be borrowings.

    Terryw
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    Profile photo of TerrywTerryw
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    quite safe?

    Not necessarily. These sorts of companies lend to people who have problems getting normal finance. It may be secured by property, but things can go wrong and there are shortfalls sometimes.

    Does this company have a prospectus?

    Terryw
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    Profile photo of TerrywTerryw
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    Its similar to a wrap, but different in the middle – between signing and settlement.

    Terryw
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