Forum Replies Created

Viewing 20 posts - 13,821 through 13,840 (of 16,328 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    can’t see why it wouldn’t work.

    If you received vendor finance for a poriton, and borrowed the rest, you could have the title in your name. You could then onsell via an installment contract.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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 can’t see the point in investing in property without capital gains. But whether to sell or not would depend on a lot of things. would you have to pay any taxes, how much money is tied up, could you get a better return elsewhere etc.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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
    Originally posted by hkr:

    Hey following on from djones query i have the following problem with my IP loan account:

    I made 3 additional repays(big lump sum payments) temporarily into my IP Loan account. Basically my intention was to reduce my tax deductible loan temporarily as i didnt have any other loans at that moment. But within a month i bought a PPOR and have thus withdrawn these additional repayments in total and put this money in the PPOR loan which is non tax deductible.

    I understand i should have made these payments in the offset account of teh IP loan but i was unaware of this at the moment….

    Is there any way out of this mess as those additional repays were only for a very short time(less then a month and only 3 transction were made) and then withdrawn in 1 transaction.

    Just want to know if i have any option or whether i have lost on teh negative gearing aspect of my loan???

    Thanks in advance…

    HKR

    I agree with Derek. There is no way to rectifiy this now – unfortunately. You have paid down your investment loan, if you redraw from this you will be borrowing money again. If this borrowed money is used to pruchase a new PPOR, then the interest would not be deductible.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Ty

    That sounds correct to me. If you borrow to improve an investment property, then the interest should be dedcutible. The building cost of the room would be claimed as depreciation at 2.5% for 40 years, and any fittings in the room such as carpet etc could also be claimed via depreciation – usually over a much short time such as 5 years.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    That is a bit harsh!

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Hi

    You may get some ideas by looking at http://www.lawcentral.com.au

    They create various legal documents including joint venture agreements and agreements for buying property together. You have to register, but it is all free to create the documents and view all the tips.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Not many will knowingly finance wraps.

    Liberty have said they will, but I have not actually tested them out. Rates these days with liberty start at 6.69%, so it may be an option.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Are these card?

    A credit card is where you use the lenders funds to pay for your purchases/withdrawals. You then pay later – usually monthly.

    A debit card looks like a credit card, but you are actually using your own funds. ie you must have funds in the account.

    Various loans have these sorts of cards attached.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    If you can keep coming up with the deposits, you can always find finance.

    Others have also used:
    – deposits received from wrapping
    – option fees from selling options on the proeprty
    – personal loans (not good, as the rates are high and amoutns limited)
    – credit cards (Oh no!)

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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 haven’t read the API article. But, the investor could have paid cash because it would be much easier to get the ball moving without a bank being invloved. He had the cash anyway. They could then contruct, or subdivide or whatever. Then when finished they could get finance on the final product on a much higher amount (hopefully), maybe even releasing all of the money they originally put into the deal.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Here is a link to another post I replied to the other day:
    https://www.propertyinvesting.com/forum/topic/15762.html

    There are links there to the dept of fair trading (NSW) section on buyers agents.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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 agree with Derek, but would add, one disadvantage may be the fact your old home would be positve geared and so you will be paying extra tax on the rent received. Froma pure tax perspective, you would be better off staying put.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Pete

    I would be very wary of trying to flip using the and/or nominee trick. In most states, if not all, you would be up for stamp duty in addition to the purchaser (- unless, in some states only, you had a prior written agreement) and you would be legally required to settle on the property if you cannot find a nominee.

    I also beleive that in NSW you would need to be registered as a buyers agent with the Dept of Fair Trading to do ‘bird dogging’. ie you would be profiting from the sale/introduction of a property. I maybe wrong, so send them an email to check – better to get it in writing.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Pagey

    This is a difficlut question to answer. I generally feel it is a shame to sell since prices will rise and then you will have to buy back into the market again when you decide to invest. However if cashflow is hurting, selling and taking a small loss maybe a wise option.

    Byronent is correct about transferring between spouses. In NSW this can be done without stamp duty (and without the need for divorce). One of my clients did this last year. If you transfer to your husband, then this may help alleviate some of the interest costs by him claiming it against his other income. CGT didn’t be an issue as it hasn’t increased.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Just make sure that the offset account is a 100% offset – not all are.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    You would have to do the intiall course of approx 2-5 days to qualify as a real estate sales person. These costs up to around $500 usually. Once you get that you should be able to get a job under a licenced agent.

    Then while working, it would be worthwhile studying the full licenced real estate agents course. After you complete this you can then go out and open your own agency. This course is about 3 months full time or of 1 day per week for one year. Or you can do the diploma at TAFE which is slower – 4 years.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Here is the link at the Dept of Fair Trading:
    http://www.fairtrading.nsw.gov.au/realestaterenting/agentsmanagers/qualifications_buyersagent.html

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    Sue

    In NSW I beleive you must be registered with the office Deparment of Fair trading to be a buyers agent -under the Property, Stock and Business Agents Act (2002).To be registered you will need to have completed a real estate course or a buyers agents course – TAFE NSW now runs one. see:
    http://www.oten.edu.au/oten/study/courses/CILS/coursedetails.cfm?CID=17337
    cost is $1250

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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 to all you questions. Try Brett Davies at http://www.taxlawyer.com.au I think he is based in Perth.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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

    O.S.S

    How would you borrow the deposit? Against existing property you own? Then the trust could get the loan. But usually most people just borrow in their names and then lend to the trust at the same interest rate – so the trust can then claim the interest on this deposit (with a written agreement).

    You would still probably need a hybrid to claim most of the benefits of negative gearing.

    eg a $100,000 property with a 80% LVR. You borrow $20,000 and pay 6%. If you charged the trust 10% for this money, you would be making an extra 4% of $20,000 = $800 per year (and paying extra tax on this). The trust would then be claiming another $800/year as a cost = a large loss

    I just realised I read your post incorrectly!

    If you did it the other way as in your example, the ATO may disallow the deduction as you a deliberately making a loss. But even if it was ok, the deposit would have to be much larger for it to have any effect, but it possibly could work.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    Click below to email me

    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 - 13,821 through 13,840 (of 16,328 total)