Forum Replies Created
Julian
I would use a trust and would imagine you only need an individual trustee. This is because you are only holding shares, and the trustee getting sued would be very rare. (Diff to property as the trustee could be sued if the tenant injures themselves etc). BUT check this 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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Julian
If the long is for investment or business purposes it is not regulated by the UCCC. ANd as far as I am aware, there is not itnerest rate ceiling imposed. You know the money is for investment by getting the customer to sign a declaration as to the purpose of the funds.
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
The company is just the trustee of the trust, the trust is the ‘entity’ earning the money, but trusts do not get taxed. What happens is the trust deducts expenses and any profit left over is distributed to the beneficiaries – at the trustees discretion (if a discretioanry trust).
So in the above example, if $50,000 was left over after all expenses this would have to be distributed. If you do not have any beneficaries on low tax rates (generally any relative), then all this money would go ontop of your income and you would pay about $25,000 tax. In this case you could distribute the $50,000 to a company you have jsut setup and pay $15,000 tax (30%). But if you had 9 nephews and neices who were going to uni (ie adults) and not working, then you may pay no tax at all by distributing to them.
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
Rob
I have done a few loans thru bankwest for Hybrid trusts. I have also used one other lender – can’t remember who at the moment. Tonto will also do them, and many other I imagine.
Most lenders will also lend to the trustee. I have a few of my loans in my name without mentioning my trust.
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 am unaware of any 100% loans available in company names, but if Rob has one then they must be available. Sometimes these may still not be ideal if they have high interest rates and/or fees.
Smooth. It sounds like your company is already trading. If so, you should not be buying a property in this company for asset protection reasons. Please talk to an advisor. I love trusts, but they may not be suitable in your case so get some advice.
Also with redrawing the equity, it doesn’t really matter how you get at it, whether thru a redraw or LOC, but generally LOCs have a higher interest rate. (ANZ and Macquarie have cheaper ones).
If not able to get a 100% loan, then one good way to fo it is to draw on your equity and to use this as deposits for this (and future) property. This keeps them all stand alone and not cross secuitised and will help if you plan to purchase many more.
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
Liz
yes brokers can get access through Baycorp (they also offer access of many other things, title searchs, ASIC director searches etc). But everytime you check, there will be another entry which doesn’t really look too good on the poor clients record. So it is better to get them to order their own.
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
4 weeks is farily long. the norm is more like 14 days. The biggest delay can soemtimes be getting the valuation done. If tenanted, sometimes the tenants can hold up the valuer. It is better to go longer if you can.
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
Bigstrides
Are talking about a sandwich type wrap. ie you are the wrappe and then rent the property out?
I have thought about this and think it would be a good way to get unlimited low deposit finance. The only problem would be servicing the loans. It would be pretty hard for a proeprty to be postively geared on the higher interest rates, but is possible.
Another way around it is rewrapping it, or even using lease options and buying an option and then selling one at a higher rate with a higher rent.
Trusts are generally better than companies as they get the capital gains discounts and are more flexible. But you d not pay CGT on wraps, so it may not matter so much. Talk to an accountant that understand wraps.
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 extremely rare to get audited. I only know a few people that have ever been audited. And one worked for the tax office! The other was partially audited. ie they were asked to substantial certain expenses, but not questioned about others.
But like Jeff above, he was audited a second year in a row. They must think peole let their guard down after one audit, not expecting ever to be hit again.
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 suggest you talk to a professional about this.
Your company will still be required to pay tax on the profit it makes, transferring it to another company and then investing it will not help you avoid this.
If you own shares in a company, it is better to own them through a trust as it is more flexible in regards to tax, and safer. What if you are sued for some reason? Your share would be safer if held like this.
If buying property, then using a trust would be a better idea than company. If a partnership, then a unit trust would be good, with your units owned by your discretionary trust. Then you could distribute the profits as you please – to yourself, or a company you control making a max of 30% tax.
Most trusts will be setup to include future parters, children, grandchildren, relatives etc so your girlfriend will be included as a beneficary already – if a defacto.
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
Julian
not that I know of.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
None usually. However some banks may want you to get independent legal advice, which means you will ahve to go to a solicitor and listen to them explain you will be personally liable for any debt you guarrantee. approx $50 – $150.
Some banks also want to charge you an extra legal fee for their legal people to review your trust deed. approx $150.
However, I have had many loans ATF my trusts (discretionary) and have never been charged any extra. I also have clients with Hybrids and beleive that they have not been charged any extra either.
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
No. Only lend for investments.
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
Oztexs
The trouble with that is you would be paying a lot of tax on the rent from your old home, and paying rent with after tax money, which would be painful. Why don’t you keep you loan on this so the interest offsets the rent abit, and then you could use it as deposit on your new home later on. Maybe a 100% offset account would be useful.
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 probably should be using a trust structure. Have you had good advice?
Anyway, there will not be a problem getting a loan in the company name and using the directors as guarrantors. But you will not be able to get a 100% loan wihtout using your equity. 95% would be possible, depending on the location etc.
It would be wise to use a redraw on you existing equity (for deposits) rather than cross collateralising.
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
Someone asked a similar question recently. You would have to pay CGT and stamp duty at market value.
Don’t forget in the above eg, you would get 50% discount on the capital gain, so only $100,000 would be added to you income. you would pay around $50,000 tax max.
But there are still ways to decrease the tax you pay on the capital gain -eg pre pay interest on one or more loans in the same year.
This is another reason to buy in a trust structure – because you could then pass the gain onto the person with the lowest 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
Ben
You cannot do this in Aust. as far as I am aware, but it may be possible when selling a business under certain circumstances.
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
Generally it is not a good idea to buy appreciating assets in a company.
Have a look into trusts as these are much more flexible.
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
Originally posted by The Mortgage Adviser:Zulu,
Terry,
I would love to hear which lenders do 95% on rural properties besides possibly St George.
Rob
The Mortgage Adviser
[email protected]Comments made are of a general nature and should not be construed as advice to any particular individual.
Rob
Any lender that uses the mortgage insurer PMI (ANZ, Bankwest etc) should be able to do up to 95% LVR on properties in many country areas (if zoned residential).
Please see PMI’s location wizard for more details:
http://www.pmigroup.com.au/LocationWizard.aspTerryw
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 Partner? That changes things.
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



