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  • Profile photo of TerrywTerryw
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    Ihave never heard of the landlord paying for part of the electricity before. The electricity should be connected in their name, so they are the ones responsible.

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by Jaffasoft:

    Agent in Qsld wouldnt let me use ‘and or nominee’.

    Couple year ago.


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    Hi Jaff

    It is up to you whose name you sign the contract in, shouldn’t let agents push you around.

    Terryw
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    Profile photo of TerrywTerryw
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    Why limit yourself to canberra? There are many in Sydney and Melbourne to chose from.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Maybe:

    Raby
    Campbelltown
    Mount Durrit
    and surrounding areas??

    (I hope I haven’t offended anyone living in these areas).

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Do you mean Auction?

    If so, it was probably cancelled due to the owner coming up with some money at the last minuite.

    Terryw
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    Profile photo of TerrywTerryw
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    Dazzling has proposed some good questions.

    If it is an investment, you dad will probably be hit with CGT, and your brother with stamp duty (whether it is an investment or not). Can be costly to transfer. Maybe there are other options?

    If you brother is buying it, then he would need a loan unless he can afford to pay cash. Whether he could qualify for a loan would depend on his circumstances.

    He would not need a deposit as it is a favourable sale/purchase between family members.

    Terryw
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    Profile photo of TerrywTerryw
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    I can recomend Matthew at Peter Worral Lawyers down there.

    Terryw
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    Profile photo of TerrywTerryw
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    In some states the nominee must also be in existance before the contract is signed. So if you sign and/or nominee, then set up a company or a trust, you may not be able to nominate that entity, if you do, then it may be considered onselling and result in another payment of stamp duty. I think NSW and QLD fall into this category.

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by red_rogue:

    The other thing to consider is getting a loan for the trust or company. Lets say you earn $50k a year and your wife earns $100k a year (sucking up to my own wife with that). This means that the bank see’s YOU as Mr. $50k man, your WIFE as Mrs. $100k woman and the two of you (jointly) as Mr & Mrs. $150k.

    If you start up a trust or a company then it sees this as totally seperate from you and/or your wife. With no properties, etc, the bank will see it as $0.00 Pty Ltd which can make it difficult to get a loan.

    Once you have Properties, you may wish to start up a trust or company and transfer ownership from you and/or your wife’s name/s to the trust/company and after a while the bank will see the trust as earning an income (I presume it would have an income since you mentioned wanting positive cash-flow). The other one to remember is that if you and the Mrs buy a property that earns $50k a year (just an example), then after a while the bank will see you as Mr & Mrs. $200k / year. Why transfer to a trust or company you ask? As said by others above, it can simplify your accounting and allow you to move quicker once you have a number of properties already.

    You can convince the bank (sometimes) that the trust/company also has your income and that its all OK but its a lot of hassle thats not worth it.

    Summary: your just starting out so KEEP IT SIMPLE and get more complex after you have more experience.

    Charles Wilkinson
    “Average people boast about their earnings while rich people boast about their worth – Charles Wilkinson”

    Hi Red

    I must say, this isn’t my experience with lenders. Whether you have a company or trust or just individuals, it doesn’t really affect serviceability. It all comes down to having the income in the first place, not the structure.

    With getting a loan for a company or a trust, it won’t really matter if the entity has an income or not as the lender will want a personal guarrantee from the director and/or trustee.

    Terryw
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    Profile photo of TerrywTerryw
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    Depends on the state it seems. From what I hear, WA are very strict. I have done it in Vic with no problems, but there is a requirement to have a written agreement with your nominee before you sign the contract – or there used to be.

    Terryw
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    Profile photo of TerrywTerryw
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    Establishing a trust can cost as little as $137.

    Getting finance is no harder or different to getting a loan your self.

    Personal deductions can be obtained by using a hybrid trust

    Asset protection is very good with a trust.

    CGT implications – with trusts the income retains its character as it flows thru the trust, so if the beneficiary is an individual they will get the discount. Am you can chose the individual to distribute the money to, potentially saving you thousands of $$$$$$

    Terryw
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    Profile photo of TerrywTerryw
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    Don’t think Steve’s product has anything on Hybrid trusts in it.

    For more info on hybrids go to http://www.lawcentral.com.au and go through the process of making a deed, and read all the tips available – all for free.

    Also look at http://www.chrisbatten.com.au

    Terryw
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    Profile photo of TerrywTerryw
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    I was going to purchase some land off the plan a few years ago and the solicitor picked up a few problems and I quickly pulled the plug on that investment. If I had used a conveyancer, they may not have picked it up.

    However, conveyancers generally spend all day doing property transactions, so they tend to be good at this. Solicitors are often doing other things and many are unsure of the conveyancing proceedures. Solicitors also often just hand the matter to the non lawyer conveyancer in the office anyway.

    I suppose it comes down to the person doing the job.

    Terryw
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    Profile photo of TerrywTerryw
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    NEVER beleive an agent!

    Terryw
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    Profile photo of TerrywTerryw
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    just read the forum.

    Terryw
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    Profile photo of TerrywTerryw
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    Hi

    Have a look at this from the ATO site. it is in relation to shares, but the general principles would probably apply to property:

    Holding shares or actively trading: what’s the difference?
    http://ato.gov.au/distributor.asp?doc=/content/76071.htm

    If you could be classed as a trader, you could probably claim stamp duty as an income expense in the year it is incurred.

    Terryw
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    Profile photo of TerrywTerryw
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    Hi

    You do not need a company to act as trustee, but having one would add protection.

    Usually the directors of the trustee or the trustees themselves have to guarrantee loans of the trust. So having two directors/trustees will only create more risk by having 2 guarrantees.

    Also beware of specificially naming beneficiaries on the deed. Some lenders insist on obtaining guarrantees from ALL named adult beneficiaries!

    If you are going to set up multiple entities, maybe consider having control with one of you, and then set up the next one with the other person etc. This would depend on incomes and serviceabilities etc.

    Not sure about the transfering of the units without stamp duty. I have had conflicting advice on this. Basically if you transfer the unit, no body is going to know as it is not public information, and only recorded by a minuite.

    But the loan will be in the trustee’s name, and if you go and transfer the title at the land title office they will probably hit you up as they will see a change in ownership.

    Terryw
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    Profile photo of TerrywTerryw
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    Companies are generally not recomended for ownership of appreciating assets. This is mainly due tothe fact they do not receive the 50% CGT deduction for assets held more than 12months.

    Being non residents, there maybe many issues with controlling trusts and companies and taxation of these, so you would need to seek good advice.

    Terryw
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    Profile photo of TerrywTerryw
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    He may be able to negotiate the terms to include them not listing this on his CRAA.

    Terryw
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    Profile photo of TerrywTerryw
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    Cash bonds are annuities. Steve Navra used to promote them a lot as a way of increasing servicablity.

    basically works like this:
    You buy a $100,000 annuity, payments over 5 years. each year you would get back around $20,000 plus interest, maybe $24,000pa.

    With some lenders you could have used this $24,000 as income even though really only $4000 is income and the other $20,000 is your principle coming back. The increased ‘income’ thus increased serviceability.

    The trouble with this is the banks were only giving about 5% on the annuity, but you were being charged 7% to take the money from a LOC, so there was a shortfall.

    There were also expensive fees to set it up.

    These days there are many Low Doc and No Doc products out there, and these have decreased teh popularity of the cashbond method.

    Terryw
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