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Viewing 20 posts - 13,181 through 13,200 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Originally posted by ssab:

    You have said that you wont make much money on a outback property so why are bothering.

    That’s it in a nutshell!

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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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
    Participant
    @terryw
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    Post Count: 16,213

    You don’t have to go overseas or to outback towns. Last year 2 of my clients purchased positive geared properties in Sydney – without wrapping or lease optioning.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    Section 118-145 of the ITAA (1997) – you can rent your PPOR out for up to 6 years and still class it as your PPOR. But you can only claim one property as your main residence at one time (except for 6 months overlap).

    Check with an accountant.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    With outback properties, prices are generally rather flat. Not much capital growth occurs.

    Without capital growth, there is not really any point in investing in a property. So you have to determine the potential growth prospects for the area you are looking to invest in.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    That’s a difficult question to answer. The best way forward may depend on a lot of things such as if your home in Sydney was purchased pre-captial gains = you could have a house up there as well CGT free. It would be best to sit down with your accountant. Do a few what if scenarios before hand and just go in there and get some advice.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    The trouble is some people equate being creative with doing things dishonest or illegal.

    Maybe one way around you dilemma is to ask for vendor finance, or to try to borrow the deposit elsewhere.

    Once settlement has taken place, you could then refinance or increase your loan.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    Apostle. Is it really illegal, or do you just need some sort of licence?

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Michael has also written a recent summary here:
    https://www.propertyinvesting.com/forum/topic/17535/4.html?sortfield=&sortorder=

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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
    Join Date: 2001
    Post Count: 16,213

    Bradles

    Good reply. I agree that buying rural properties now could be a disaster. Some people are more concerned with whether the property is cashflow positive than the deal as a whole.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Banks are conservative.

    One way around this would be to pay cash, settle on the property and then immediately refinance.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I imagine it should be. You would be borrowing to invest with the intention of making money.

    Check with your accountant before doing it.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    I am not an accountant, but….

    eg. Mr X sets up The X Hrbrid trust with X Pty Ltd as Trustee.
    A property is purchased by X Pty Ltd as Trustee for X Hybrid Trust.

    Mr A then approaches a bank and asks for the loan to be in his personal name, with the loan being securred by the property.

    An accounting entry is made to indicate Mr A is buying a number of units in the trust for $xxx.

    At tax time, Mr X claims the interest on the loan against his other taxable income.

    The trust usually makes a profit (because it is not paying interest). This profit can then be distributed at the trustee’s discretion. I am not sure if all or at least some of the income has to be distributed to the unit holder (to make a relationship between claiming an expense and making an income).

    I don’t use a hybrid trust and am not sure that is entirely correct, so please check with an accountant.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    DD thanks, for reminding me to send my forms in. (I eventually did get my printer to work.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    Lawboy,

    Are you mixing up a few things there?

    With an instalment contract, the title doesn’t change over until they make the final payment. Wraps (instalment sales) involve the repayment of a loan. Lease Options involved the repayment of rent – usually rent is not refunded if someone moves out.

    In the case you cited, I can’t see how this relates to wrapping (or lease options). Someone sold a property at an inflated price, fraudulently obtained a loan with a major bank for their ‘client’ (without their knowledge) and then charged them a large fee secured by a second mortgage stitching them up big time.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I blocked my number a while ago, but the other night a got a call which was a recording saying that I had won something, and giving me a number which I could call to retrieve it (cost of call $xx per min).

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes, it sounds confusing. If a property is costing you money, how does it help you pay off other debt? On the face of it, I can’t see how this could happen in the short term, unless the investment was sold at a profit and the proceeds paid into the home loan.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    The ATO put out a ruling a few years ago about buying a home thru a unit trust, see:

    TR 2002-18 – “Income tax: home loan unit trust arrangement”
    Available from:
    http://law.ato.gov.au/pdf/tr02-018.pdf

    Most people would want to use some sort of hybrid unit trust to enable negative gearing benefits.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    I’ve purchased around 10 properties using buyer’s agents. All were in areas far from where I was living, so could not check on myself. All were good buys, except one.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    This topic comes up every now and again, so do a search and you may find some previous posts.

    It may not be a good idea buying in a trust unless the home will be your temporary residence. As Don and Liz said, giving up the CGT exemption could be very costly.

    The short term gains could be small when compared to this.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    One way to do it maybe to pay cash (using a LOC) and then get the loan. They could then base it on value since you would already own it. Of course, not many people could do this.

    I know of one lender that could do it based on valuation – with a max LVR of 70%. But rates would be higher than normal.

    And one more point. Are you sure your valuer will reassign the valuation conducted into the lender’s name? If the bank has to re-order the valuation, it is likely the same valuer will revalue much lower -especially if the purchase price is known.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 13,181 through 13,200 (of 16,328 total)