Forum Replies Created
Hi Anthony
The trouble is not with the banks, it is with the mortgage insurers. There are only two in the whole of Aust. Generally mortgage insurers won’t touch overseas residents. I am not sure, but maybe you are an overseas resident for tax puroses, even tho living here???? If we can argue that you are a resident, then it may be possible. I’ll make some enquiries and get back to you.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you sell shares in the property, you may still have to pay substantial stamp duty if the company is land rich. If in NSW, have a look at http://www.osr.nsw.gov.au
Other implications are, people worry about taking over a company as it could have debts/guarrantee/tax problems/other problems and they will inherit these.
If 3 investors are going in together, if may be better to use a unit trust with units held be each person’s discretionary trust. I beleive it is possible to transfer units without stamp duty. see http://www.chrisbatten.com.au
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Sounds like you just have to keep comming up with deposits. Wrapping property helps as you get the cashflow and small deposits. So you wil have to just save like mad, reinvest all profits, wait for a few cashouts or take backs and/or find investors to supply deposits.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you hold under a trust structure, any profits/gains could be distributed to low income earners who may pay little or no tax on the income/gains. This money could then be gifted back to you.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
What he can do is buy the land, then get a mortgage. When he wants to construct, he then gets a construction loan with the same bank. It is not a second mortgage, but an increase in the first. Many banks will lend based on a % of the end value of the project or a % of the construction costs.
He must still have a good enouggh income to qualify.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I am no tax expert, but think there may be problems with borrowing money to make loan payments. If not structured correctly the interest on this borrowed money may be not claimable.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
renaeg
Don’t be too impatient!
If your properties have no potential for capital growth, if may be better to sell them now, and reinvest into something better.
Otherwise, just keep saving for the deposit on the next ones.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
you will have to setup your trust before you sign contracts. Trusts can minimise tax, but not risk. Trusts cost as little as $175 setup. http://www.cleardocs.com.au or http://www.lawcentral.com.au
You are probably after a Discretionary trust.Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Steamtrain
Having a trust would benefit in many ways:
– Allowing you to sell your property and yet still keep it, (like selling to the wife)
-Asset protection
-Tax minimisationI wasn’t suggesting your sell your PPOR to the trust, but that is another option too. I mean’t sell one or more of your rental properties to the trust, put the proceeds off your homeloan and borrow big for the purchase, converting non-deductible debt into deductible debt.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Have a talk to the ANZ complaints section first:
http://www.anz.com.au/australia/aboutanz/customercharter/resolvecomplaint.aspI have had LOTS of dealings with them, sometimes they are able to help, other times they can’t……..
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Simon has some good advice above.
It depends on how far your plan to go. If just one property, then probably your own names, but if many more, than talk to your accountant about structures. But also talk to your mortgage broker too in conjunction as some structures will hurt your serviceability. eg getting one property in three names will mean, when going for hte next loan, you will be assessed on the whole debt (not just your share) but only 1/3 (your share) of the rent will be included.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
JJ
You would not be able to claim the interest on drawing down funds on an investment property to pay down your PPOR loan. The ATO looks at the purpose of funds, not the security.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
checkout http://www.lawcentral.com.au for agreements.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi
You could go for higher priced properties to get more cahsflow, or more of the cheaper ones. I guess it is less work with one big one rather than two small ones, but more risk as well.
I don’t think LOC loans would be allowable for wraps (installment contracts) as these would allow you to redraw repayments, or capitalise interest etc. Not good for the wrappee. If you mean taking a LOC secured by another property, then there would be no probs.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You should be able to purchase a lease cheaply, $25 or so.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I think you should be marking up by 20% on purchase price and 2-3% on interest rate, otherwise it is not worth wrapping. On this sort of property that is around $430 per month
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Steer clear of American stuff on investing , it almost always has no value and will just confuse you with all the hype.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi
Anything held less than 12 months doesn’t get the 50% discount on CGT, therefore the profit is income, and is just added to other income that you have earned that year.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
They can also be obtained for free by faxing baycorp with your details and signature. Takes about 2 weeks to get it via post.
I suggest you get your clients to get their own and provide you a copy.If you want to check rental history, you will have to ring all their previous managing agents. Be wary if they say there was no agent and they were renting from Mr X – who will probably turn out to be a friend of theirs.
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I hope you are not basing your purchase on yield alone. Is it in a good area? Good growth prospects?
Terryw
Discover Home Loans
Mortgage Broker
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



