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  • Profile photo of TerrywTerryw
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    @terryw
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    Hi Redwing, I’m in Bangkok at the moment.

    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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    @terryw
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    Yes

    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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    go to http://www.lawcentral.com.au and look at their legal documents for sale. There is one there called joint property purchasers agreement (or similar)

    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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    @terryw
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    Do a search on Family law court and trusts – there are a few interensting papers out there. I have downloaded some and can email in a few weeks when back in Australia if you need them.

    My understanding is that the family law court can look behind a trust no matter if the trustee is an individual or a company. They do not always do this, but have hte power to do so.

    But there are many other reasons to have a trust – trust assets are protected in Bankruptcy – to a certain degree.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I havent heard of many people that wrap commercial ppty, but it could be done, and may be a lucrative market.

    There is nothing to stop you offering hgiher LVRs if you are comforatable with the risk.

    Terryw
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    Profile photo of TerrywTerryw
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    Watch out for exit fees on the non bank loans.

    Terryw
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    Profile photo of TerrywTerryw
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    A brabd new trust can actually get finance up to 95% easily. If you are looking at low docs, then you would need to prove that you are self employed for 2 years. The trust can be brand new however. You can prove you are self employed by your existing company.

    It should also be possible to get 80% LVR on a low doc with a company as trustee.

    One more point, you probably should not use your existing company as trustee, as any claim against the trust would effect the company – which could be bad if it is trading.

    Terryw
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    Profile photo of TerrywTerryw
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    The trustee simply buys assets in its capacity as trustee.

    Terryw
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    Profile photo of TerrywTerryw
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    If you sold to a new hybrid trust, you could keep the old trust and the loss and keep carrying it forward. Future income from other investments may then be able to be distributed to the old trust to offset the loss.

    With a trust, i am not sure if the Capital gain (if any) can be offset from the loss as these are different income streams.Better check this with your accountant (maybe a new one?)

    Terryw
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    Profile photo of TerrywTerryw
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    I am with Tasman on this one. From my memory of reading the case, they did say that capitalisation of interest could be claimable under different circumstances.

    Terryw
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    Profile photo of TerrywTerryw
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    You possibly could claim it as your PPOR, but only if you have not claimed any other property as your PPOR at the same time. Otherwise, you probably would be up for CGT.

    Better run this one by your accountant.

    Terryw
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    Profile photo of TerrywTerryw
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    It can vary from state to state, loan amount, PI/IO, etc. at 95% it would be about 2.5% of loan amount.

    Terryw
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    Profile photo of TerrywTerryw
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    There are plenty of people out there unable to get finance. Having minor defaults on your CRAA can mean you need a larger deposit (and larger interest rates), many people do not have this. Even if they had the 10% deposit, some low docs have rates higher than a wrap would be. eg GE is nearly 11% pa. most wraps are around 9%, and this is with a lower deposit.

    Terryw
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    Profile photo of TerrywTerryw
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    I think i remember asic indicating someone should have around $150,000 in super to make setting up their SMSF worthwhile. Other companies have suggested as little as $50,000.

    Terryw
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    Profile photo of TerrywTerryw
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    redwing

    I don`t think you can pay yourself. Even if youcould, it would work out the same. If you were using a company or a trust, then you could. Dependning how you do it, it may or may not be worth it from a tax angle. Same with borrowing capacity. If you pay yourself, your company will have less profit, but overall it would be the same between both of you.

    Terryw
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    Profile photo of TerrywTerryw
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    If your read your loan documents, I think you may find that onselling the security property without the banks written permission is a break of the loan contract and this would enable them to ask you to repay the loan. I think CBA also request you let them know if you sell an option on a property.

    Terryw
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    Profile photo of TerrywTerryw
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    I recently read a book by Brad Sugars who suggests you make your money in business and hold it in property. I tend to agree, it just takes too long to make passive income from property, but it is a nice and stable investment, so good for holding your wealth.

    Terryw
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    Profile photo of TerrywTerryw
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    That sounds correct. Your bil, mil my be able to borrow more to buy out the other party, and this may increase their tax deductions as well

    Terryw
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    Profile photo of TerrywTerryw
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    You may not have to transfer your own home to protect it, there are other ways such as mortgaging it. Your accountant shoukd be able to fill you in.

    Terryw
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    Profile photo of TerrywTerryw
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    Yes, I think it is possible to grant POA for a specific action. Better talk to a solicitor, or do a search on google – and check http://www.lawcentral.com.au

    Terryw
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Viewing 20 posts - 12,721 through 12,740 (of 16,328 total)