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  • Profile photo of TerrywTerryw
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    Yep, good idea.

    Terryw
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    Profile photo of TerrywTerryw
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    Jaffa

    Get Dale’s book. It is written in a very easy to understand manner.

    Terryw
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    Profile photo of TerrywTerryw
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    If you are just wanting to increase an existing loan, you must go through the lender. If you order your own valuation, it is unlikely to be accepted. If they do accept that valuer, it may still have to be reassigned = another fee.

    Can you tell us who the lender is?

    Terryw
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    Profile photo of TerrywTerryw
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    If you are just wanting to increase an existing loan, you must go through the lender. If you order your own valuation, it is unlikely to be accepted. If they do accept that valuer, it may still have to be reassigned = another fee.

    Can you tell us who the lender is?

    Terryw
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes, i have set up 3 online using http://www.lawcentral.com.au
    You can join for free and go through the motions of making a trust, and only have to pay at the end if you want the finished product. Do this and see how you go, there are lots of useful tips along the way.

    Then decide if you need one set up by an accountant.

    Another site is http://www.cleardocs.com.au

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by grant7:

    Hmmm,

    So if your projected income is some capital gain from selling a house the profit might be 100k. But the after tax profit after 50% CG dscnt and all other deductions might be 30k? Or less if a trust involoved.
    So on your tax return its 30k.
    So is your Lodoc income 100k or 30k???

    Thanks
    GRAnt

    Well, it is whatever you feel comfortable with, keeping in mind you may have to explain your reasoning to the ATO if challenged. Technicially speaking it would probably be the taxable income, after expenses, but before tax. ie the figure that would show on your ATO notice of assessment. If the gain was made to a trust, then the Low Doc figure should only include the trust income distributed to yourself. Its a it of a grey area when it comes down to it.

    Terryw
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    Profile photo of TerrywTerryw
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    You can always ask the lender to use a particular valuer too – especially if you had a bad valuation with someone.

    I recently had one clients property revalued at $150,000 more in 3 months – with the same lender, all because we asked that the previous valuer not be used again.

    Terryw
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    Profile photo of TerrywTerryw
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    I think it may be possible as there is a double taxation agreement. But with the low intreest rates there, and higher depsoits required and the higher rental yields, would your property be negatively geared?

    Terryw
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    Profile photo of TerrywTerryw
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    Hi

    If you have a look at a few Low Doc declarations they are all slightly different. Some ask for your income this current financial year, while others don’t specify the year. Some ask for net Profit before tax, but others just ask for personal income.

    In the end, the lender will usually accept whatever you put down. What you have to worry about is the ATO.

    If you get audited you may have to justify what you have written down. Depending on the wording of the declaration, you may be able to argue that you included future profit, or projected income, or even income before expenses etc.

    Afterall, if it is July 2 and they ask for your income for the year, what can you do but estimate?

    Terryw
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    Profile photo of TerrywTerryw
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    There is a lot of misunderstandings regarding trusts.

    A trust can be setup in a matter of 10min on the internet from very good law firms. Most solicitors do not draw up your deeds themselves, but simply purchase a deed from one of the companies specialising in trust set ups. What the solicitor can do is to give advice on the way it needs to be set up, such as who should be the appointor, trustee and so on.

    Once the trust has been set up, it needs to be stamped by the office of state revenue – govt taxes – in mosts states, except QLD apparently. There is stamp duty payable, and this varies from state to state and depending on the settled sum. In NSW, stamp duty would be $200 and up, in WA it is only $10, and nothing in QLD.

    Costs of setting up a trust varies from about $130 on the net to $1000 with most accountants, and up around $10,000 for one prepared by your barrister.

    Trusts have may advantages, but two disadvantages are:
    1) No Land Tax free threshold – so you end up paying a bit more
    2) Losses cannot be distributed.

    There are many different types of trusts and a way around 2) above is to set up a hybrid trust, which will allow an idividual to claim the interest on the loan and offset their personal tax.

    As for loans, it is not much different than getting a loan in your own name. Lenders will require the individual to prove their own income for serviceability and trustees will be required to give personal guarrantees.

    I have written a series of general articles in my newsletters about trusts. Send me an email if you want a copy.

    Terryw
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    Profile photo of TerrywTerryw
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    Hi Elka

    I am not sure what Richard meant, but I was thinking of s112-20 of the Income Tax Assessment Act (1997), which covers the Market substitution rule, see:
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s112.20.html

    Terryw
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    Profile photo of TerrywTerryw
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    Its not the sort of thing you can write a book about. What do you want to know – With a No Doc basically you can borrow 70 to 80% of the value of a proeprty without showing an income or assets/liabilities. There is no serviceability test.

    With a Low Doc, then lender requires an income to be listed, as well as your other assets and liabilities. Your declared income must be enough to cover all expenses (in the eyes of the lender), but there is no checking or verification of your income – so most people exagerate it to qualify.

    Terryw
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    Profile photo of TerrywTerryw
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    You could probably get 70-80% LVR on your property withou too much trouble. This should free up a lot of funds. These funds could then be used as deposits for the next deals.

    If you had a cashflow problem you could borrow some equity and use that to repay part of the loans, but this strategy could be dangerous if you are not careful, and don’t end doing well on the development.

    Terryw
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    Profile photo of TerrywTerryw
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    I don’t think you should ever buy an asset in anything but a trust – one exception is your main residence because of the CGT exemption.

    A trust is better than a company as it has more flexibility with distribution of income and asset protection.

    Terryw
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    Profile photo of TerrywTerryw
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    Good try Christopher, but the ATO is aware of people wanting to keep their tax money as long as possible. I think there are penalties if you submit a variation of tax thing and at the end of your you figures are out by more than X% (maybe 20%).

    Terryw
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    Profile photo of TerrywTerryw
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    Hi guys

    Luckily got it set now. I asked RAMS if they could just submit it to a different mortgage insurer but this was also against their policy.

    Terryw
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    Profile photo of TerrywTerryw
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    Have contracts been exchanged? If so, they are enforceable. Did they have any conditions which may allow them to back out? If not, then they may be locked it.

    Better talk to a solicitor quick.

    Terryw
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    Profile photo of TerrywTerryw
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    Hello Dr

    If you put yourself in the lender’s position and think of it, it does make sense – even though not to my liking!

    If the lender knows your income, then they know whether you can afford the repayments or not (by their calculations). So if a client comes back a few months later and wants more, they will be worried about affordability. Legally it would possibly be dangerous to lend in this situation.

    However, if a year had passed, then the income could have risen and circumstances of the borrower changed.

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by crj:

    In Australia each State deals with the land in its own boundaries and the rules vary eg time required for adverse possession etc. In NSW you can’t get adverse possession of part of a parcel of land.

    A definitive work on adverse possession is Mal Park’s PhD thesis

    http://www.sli.unimelb.edu.au/research/publications/MMP_PhD.pdf#search=%22%22adverse%20possession%22%20elements%22

    In my experience where you’re most likely to get adverse possession by squatting is in small villages and I doubt there is sufficient benefit:cost ratio to make it worthwhile.

    Thanks for that Crj. very interesting.

    Terryw
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    Profile photo of TerrywTerryw
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    I had a look at Centrelink’s policies a while back for my grandfather. It seems they will count trust assets as being your own if you control a trust (or company). They define control broadly to include ebing an appointor, trustee, director of trustee etc. And receiving a distribution would possibly also fall in here.

    So they have it pretty much covered.

    I think there is a bit on centrelink and trusts here. http://www.taxlawyer.com.au

    One possible solution is to keep the pensioners clear of trusts and to have any trust controlled by younger family members – who can then spend their money as they see fit.

    Terryw
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