Forum Replies Created
Luke
I have booked in, but don’t really know if I want to spend a day there.????
Terryw
Discover Home Loans
North Sydney
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Luke
unsecurred business loans are very hard to find. If you look at all the loans offered by banks etc, you will see they want to secure the loans on a property.
I beleive you can get loans on some larger franchises.
Terryw
Discover Home Loans
North Sydney
[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 Matt
I am a mortgage broker, but have had no luck finding a lender willing to finance wraps.
Mortgage House in Liverpool claim to do it with full disclosure. There is also a company near newcastle somewhere caliming to do it (associated with Peter Solner).
Good luck.
Terryw
Discover Home Loans
North Sydney
[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
Uranehan, it may be a bit late to wrap if the clients have already signed contracts. They will either have to settle in their own names or have the contracts rescinded.
Terryw
Discover Home Loans
North Sydney
[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 can only have one PPOR at one time. (Expect for a period of 6 months between proeprties when you can have two-allows moving time).
Terryw
Discover Home Loans
North Sydney
[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 agree. ATO classes a sale to occur when the contract goes unconditional, ie on exchange.
Terryw
Discover Home Loans
North Sydney
[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
Getting a valuation out of CBA is very hard. They even refuse to give the mortgage broker the figure that came in on the valuation.
Terryw
Discover Home Loans
North Sydney
[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 can create you own trust at http://www.lawcentral.com.au for $275. But it might be better to get some advice first.
Terryw
Discover Home Loans
North Sydney
[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 there are 4 lenders offering these loans including Bluestone, St George, CBA and another building society.
Terryw
Discover Home Loans
North Sydney
[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 have a fixed loan on a property that I was thinking about selling recently. As the rates were moving, I was ringing the bank to get the break costs and they varied from $5000 to about $1000 depending on the interes rate at the time.
There is a complex formula they use and I think it may even be in the mortgage documents. You could ring the bank and just ask for a figure or they may even be able to give you the actual formula.
Terryw
Discover Home Loans
North Sydney
[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
Mike
I thought we were talking about changing trustees? If the sole director of the trustee company is the previous trustee, then there should not be any change in beneficiaries – alto the new company would itself be a beneficiary.
There are some interesting articles on trusts available at:
http://www.taxlawyers.com.au/PublicationsIncluding one on Trust Reseetlements:
http://www.taxlawyers.com.au/Publications/New/resettlement_of_trusts.htmwith this quote:
Can I appoint a new Trustee for my Family Trust?
Changes made to the Trustee do not by themselves result in the ATO deeming a new Trust has been created. However if, in addition to a change in the Trustee, other fundamental changes to the Trust have been made that alter the nature and character of the Trust relationship between the Trustee and the beneficiaries then the ATO will deem that a new Trust has been created.Well worth a read. And Sebastian check with someone before you change trustees!
Terryw
Discover Home Loans
North Sydney
[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 used them for some advise and set up of a trust years ago and found them to be quiet good. I dealt with Bruce Whitting himself, and the cost was much cheaper then. Now they seem to have many consultants available and the cost has gone up considerably.
If you are planning to go in, be prepared before hand otherwise you won’t get your money’s worth.
Terryw
Discover Home Loans
North Sydney
[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
Aussie mike, are you sure about this. I have asked Trust guru Dale GG about this in the past and he seemed to think it could be done without paying stamp duty and was a matter of filling in some forms indicating a change of trustee.
Sebastian, it may also trigger a CGT event if there is a change in beneficiaries etc so it is best to get some advice.
The loans will also be affected and it would probably be like a refinance.
Having said this, I have never done it nor seen anyone change trustees.
Terryw
Discover Home Loans
North Sydney
[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
James
generally it is the same serviceability with full docs and low docs. No Docs are good because you do not need to list an income.
Terryw
Discover Home Loans
North Sydney
[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
Nathan, Some answers:
1) Yes and no. The tenants could argue that this is a favourable purchase as they have an option on the property. If the LVR is less than 80% they should be able to get finance based on valuation at the time of cashout, not what they are paying – provided they have the income to service. On higher LVRs than this the mortgage insurers must be involved which makes it harder, but it may still be possible.
2) I think it is best to leave yourself a bit of a buffer and stay just below the clients strike price – otherwise you would have to pay money out of your pocket when they were to cash you out.
Terryw
Discover Home Loans
North Sydney
[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
LifeX
To make your borrowing power stretch further, consider having one trustee per trust. So you buy the property fully in trust A, you partner then buys another property in Trust B, you both can be beneficiaries of each trust, could be a unit trust with units owned by each of your discretionary trust. This way only one of you would be guarranteeing each property. You could probably both be appointers for each trust, but check this with a professional.
Terryw
Discover Home Loans
North Sydney
[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
It is generally around 70 to 75% LVR, but you may be able to get 80% using a second mortgage.
Citibank have a good product where they will assess the application on the rental income only of the property.
Terryw
Discover Home Loans
North Sydney
[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
I’m with John. Why sell? You would lose too much. Just because it is not positive cashflow does not mean it is a dud. Hopefully it will quickly grow in value, being near the beach.
Building another unit on the block would be a good option if it is doable.
You can do lease options in SA if structured correctly.
Terryw
Discover Home Loans
North Sydney
[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 could just apply for a release of security with your existing lender so that you home is not used as additional security for your IP (crossed securitised). The LVR is nearly 80% at the moment.
Then, you could borrow up to 80% of your home, using a LOC or redraw etc. This would release another $170,000 approx. which could then be used as deposits on a few more properties. But this would also depend on your serviceability (ie income to service the loans).
Terryw
Discover Home Loans
North Sydney
[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
Earlier on in the year, the ATO was talking about stopping ‘the refinancing principle’. This is where a trust borrows to payback a trustee and claims the interest on the loan no matter what the trustee uses the money for.
Even if they do this, trusts will still be very beneficial.
Terryw
Discover Home Loans
North Sydney
[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



