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I have concerns about these sorts of things.
Firstly WA seems to be booming now. Who knows what will happen in 2008. Be prepared for the worst.
2nd, going thirds. Did you know when you go for finance in the future, you will be assessed as owing the whole amount (if there is a loan) but will only be able to take into account 1/3 of the income.
3rd, getting finance for these sorts of things can be very hard
4th possibly hard to sell due to the specialised nature of the market.
Terryw
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Originally posted by aliandmike:Originally posted by Terryw:Also, probably best to get loans in one name only. ie not with a partner. This will allow you to go further eventually.
Terry, when you say partner, do you mean a business partner or Wife/Husband. My wife and I have 1 IP and our PPOR and are looking around for another IP at the mo. I don’t think I could get a loan in my name only (or my wife’s) due to income restrictions and existing joint debt. Can you please advise of the benefits, and why you can go further (eventually) when in one name only.
Also, my FI encourages cross collatoral in order to borrow 100% for new property, why is this a bad idea?
Thanks for your input
MikeHi Mike
The others have answered your question on cross collateralisation. I now think it is not such a bad thing, but best to avoid if possible.
I have seen a lot of clients come to me after buying bits of various properties with partners. The trouble with this is the lender assesses you on the whole debt, but only allows you to take into account the income on the percentage you own. This can hurt!
What I had in mind mainly however, is people getting low doc loans. Most lenders had a maximum exposure level per person. This used to be rather low, but now is around $2.5mil. So getting loans jointly meant you reached the limit quickly.
So where possible, where income allows it, get the loan in single names. eg. a couple with one person working, one person staying at home. Why have the loan in joint names if the second person has no income? Keep them free for a possible low doc/no doc down the track.
it also makes no sense from an asset protection point of view.
Terryw
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hi Stuck
from
1) $175 http://www.cleardocs.com.au
or $275 at lawcentral.unit trusts are a bit more. Bare trusts are available on Law Central, but you could easily set one up yourself.
Hybrids are not available on these sites. Set up is about $1200
Online they can be estalished in 5 min.
Please join lawcentral and go thru the process of setting up a trust – no cost unless you want to proceed to the end.
BUT, if you are unsure, then you should probably go through an accountant to set up your trust initially. costs about $1000+
Process:
1) get the trust deed online or from accountant
2) sign it, with witnesses
3) get ABN, TFN
4) Pay stamp duty ($200 in NSW, Nil in QLD)
5) start using it!Terryw
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The postcode won’t be a problem with the majority of lenders as mortgage insurer PMI will lend up to 100% there (for full doc up to $400,000) and even 80% LVR there for a low doc loan up to $500,000
see
http://www.pmigroup.com.au/LocationWizard.aspIf you have enough equity, you should be able to capitalise interest
Terryw
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On some fixed loans, there are penalties for paying extra over a certain amount.
Also, many fixed loans do not allow a 100% offset account to be linked.
One more point for variable is, what if you want to change lenders mid way through a fixed loans? Maybe to be able to borrow more money for a new ppty. If you have fixed, there could be large exit fees.
Terryw
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You have to make a choice on how you feel the market for rates is going to go.
I myself never fix anymore. I was stuck once when I fixed, and then sold a property. Rates had moved, and I had a huge exit fee as a result.
variable is more flexible – what if you want to increase your loan in a years time and your lender won’t lend. You may want to move to a different lender. If you have fixed, then it may be costly to exit.
Terryw
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If the mum has no property, what about buying in her name? That way when sold, there will be no CGT. Check with an accountant on what effect this will have on her pension etc.
I beleive a 12 year old could own property, but cannot get a loan. Not sure of the tax implications tho. Children are generally tax at around 66% on income above a certain amount (approx $800 pa). So if the child does not live there the ppty may be subject to CGT. Again, better talk to an accountant about this.
Terryw
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There is nothing much to it. Just keep all loans separate (not cross col) and gradually increase the loans as the values rise. Use the increase for the deposit on the next one.
Also, probably best to get loans in one name only. ie not with a partner. This will allow you to go further eventually.
Terryw
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I am based in Sydney, but am currently in Bangkok. If you send me some details, I can work it out for you.
Terryw
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Depending on the location, you could possibly get a No Doc loan up to 80% LVR – no need to prove income or serviceability at all.
This would give you $280,000 if the ppty values at $350,000. That would be another $50K for you to use to consolidate other loans etc.
Terryw
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Looks like both locations are eligible for LMI with Low Docs up to $500,000 at 80% LVR.
Terryw
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Yes, that is certainly a problem. You possibly could have gotten finanace, but at rates of aroun 10%+. better off in the wife’s name only.
Terryw
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Good Post Simon
Terryw
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Hi Carlin
I am not an accountant, but htink GCT would apply on the basis of area rented out. ie what percentage is it of the whole property that you rent out. This would be the % of CGT you pay.
But if you have only rented it out for a few years, not the whole time you were there, then you would have to reduce the CG accordingly.
I don’t think the CGT liablity ever disappears.
Terryw
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Jim
You don’t sound unemployed to me. You sound more like a professional property investor!
Terryw
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My non legal opinion, is:
The unit trust was previously classed as a non special trust and it was deemed that the unit holders held an interest in the land owned by the trust.But a recent high court decision determined that this was not the case. The unit holders do not actually own the land, the trustee does.
Wording of the trust deed would be important here.
I think a bare trust would not be classed as a special trust. ie where A holds assets for B. B is the owner, but the assets are in A’s name. So I think B would have to pay land tax, and would get the threshold.
Terryw
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Sounds alright to me. and the market shouldn’t be slow forever. What will the figures look like during the next boom.
Terryw
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Hi again.
Thanks Rdwing, I missed that.
If you actually lived in the house before renting it out, then there is possibly no CGT payable – if you haven’t claimed another house as your main residence at the same time.
Terryw
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Looks like your properties are worth about $1,000,000 mil all up.
If you cannot qualify for a standard loan, depending on locations etc, you could possibly get 80% of this by using a Low/No Doc loan.
That is about $150,000 extra above what you have now.
Then you can use this as a deposit on another property – being able to buy another $600,000 worth of property. (this could vary depending in the locations, actual valuations and types of ppty)
Terryw
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Mike is an accountant:
http://www.guardianpartners.com.au/
Terryw
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