Forum Replies Created
You definitely “WANT” a non-recourse loan!
Why?
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
Ok, I have watched the first video now and you mention move about non-recourse loans. Even where you have loans with separate banks if you default on one loan they can take the property secured by the mortgage and then if there was a shortfall they can then come after the second property, or other assets, even though they are not mortgaged. They will simply get a judgment at the supreme court to allow this to happen.
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 watched the 2nd video and it was pretty good. Love your acting.
But you called the bank the borrower when they should be the lender (usually) and I am not sure what you meant by “I don’t want a non-recourse loan”.
Non-recourse loans generally only exist with superfunds and these are loans where the lender’s only recourse if to the security property and not to other assets of the borrower. You can’t get them with residential loans, other than for super, but if you could you would surely want one!
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
Thats like asking what the best food is. Ice cream – but not so good for breakfast perhaps.
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
redraw means borrow more money, in this case up to the limit – until the loan term ends.
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
This is not the case. There are no rates for CGT in Australia. The capital gain gets added to other income. It is also not financial advice when advising on capital gains, but tax adice.
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 it is the end of the loan term of course you would need to pay it back. This is just a loan like all of loans really.
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 will owe the lender the full amount plus interest. But won’t need to pay it all back until the end of the loan term
If you pay more than the interest you will be reducing the loan amount – but might be able to access it for redraw.
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
say the interest is $20, you could repay $20.01 if you wanted to. Generally you will only need to pay the interest, with some lenders and products there is no requirement for that until the limit is reached. Interest will be capitalised.
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
Sorry, I can’t follow so best thing for you would be to get some proper advice
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 don’t know what circumstances you are referring to, but it is possible to move back into the original main residence. You could even use the 6 year rule on the second main residence – whether you should or not will depend on the circumstances.
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
once drawn, partially even, interest starts to accrue. Once fully drawn the same thing expect you cannot borrow any further or capitalise the interest
You would need to repay the interest each month and if you want to repay the loan pay more than the interest. No need for a new loan to repay it.
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 only claim one main residence for the exemption for any overlapping period of time. Which one you choose is important because the other will then be exposed.
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
most brokers could help with that./
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 could eliminate CGT by claiming the main residence exemption, potentially.
Or use the cost base reset to market value at first rented rule and see how much CGT would be payable. It might be nil or very low.
Moving back in won’t help.
Get some specific tax advice.
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
Are you talking about USA finance. That term is not generally used in Aust.
If you have a LOC here the repayments are generally the outstanding interest each month
Some lenders allow this to be capitalised though.
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
They are not your assets if held on trust. You might control the trust and be a potential beneficiary though, but just remember this control is only temporary.
If you are paying money, even from a loan account, to the trust then that is something that will work against you in servicing – whether there are losses or not. You will also have some legal and tax issues 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
Yes it would as it is your debt. best to have a company as trustee.
You would have an added issue too in that a trust is not a legal entity but is a tax entity, so could the trust claim the interest on your loan? I have a private ruling application in with the ATO at the moment asking this very question.
I also don’t understand what you are saying about the taxable loss.
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
Example 9
Trustee company owns property and suffers a court judgment. Lenders will no longer lend.Solution
Appointor can appoint a new clean company as trustee.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
Example 7
For a person with a credit blemish a Fixed Unit Trust could be set up to own property with person A owning the units of the trust and person B being the trustee.Person A would be the one with the blemish and once that disappears person A could become the trustee and the beneficial and legal interests would merge and the trust disolve – probably without CGT and stamp duty if set up correctly.
I did this years ago for a client with a loan involved and the lender did not check the trust deed very well and approved the loan on the basis of the income of person B only.And another
Example 8
Very similar to the above. Person A acts as trustee for person B. B has the credit blemish in this case and the bank will lend on the basis of A being the legal and beneficial owner of the property.At a later date title could be transferred without stamp duty and CGT being triggered if set up correctly.
This is a bare trust arrangement.
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



