Forum Replies Created
Luke, I think you could probably make even more money on LOs then wraps for the following:
-Can have a fluctuating strike price, whereas with wraps the wrappee’s ‘strike price’ is constantly decreasing.
-Tenants are more likely to leave then with a wrap – resulting in you retaining more money as you would not refund any equity
-Less tax problems, ie no CGT at the exchange or contracts.
-You could still borrow any equity on a LO and use this for more pruchases.There must be many more reasons too, but this is just off the top of my head.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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I know various people wrapping in Sydney over the $300K mark. The highest I have seen was a $450,000 property and from what I hear, it is still going well.
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
Trusts really don’t work with wages as the ATO classes this as personal exertion income and even if you use a trust, they will deem the individual to have earned the money themselves and tax them as individuals.
I don’t think their is much you can really do in this situation.
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 too would think it is better to have 2 separate loans. Makes it more flexible if you want to sell or refinance, can keep them unsecuritized and easier to apportion the interest at tax 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
John
You can get around using your home as security (directly anyway) but setting up a redraw facility and taking the deposit from that account and then the rest from the main commercial loan.
I don’t do many commercial loans, but you might find it more difficult getting loans in regional areas, so they may ask for a lower LVR. Try Bankwest and Citibank.
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
ArthurK
I like LOs better too. They are also less harder to find finance for, and there are less ownership issues. But with your point a) above, depending how you strucutre you LOs, the tenants will be cashing you out just as fast as 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
Anibus
on a $250,000 loan at 6.45% over 30 years, IO would save you about $53 per week.
I would say, if you have undeductible debt, then use IO for ivnestments and put the extra off this debt. If not, then it doesn’t really matter that much, but using IO loans means you can afford to service more loans initially.
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
fjficm
Thanks for the info. It must be good to have a lawyer in the family!
I think the above would only apply if the trustee was being sued in relation to his/her role as trustee of the trust. If they were being sued personally, then surely all trust assets would be out of reach.
I have also heard that any transaction doen to defeat creditors could be undone by a court. eg you know you will go brankrupt and transfer assets to a trust beforehand (6 months?).
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
If you have equity or deposits, then you can usually get finance somehow –
I would use a broker and try for standard loans first, then try for low docs, then no docs and then even private lenders as a last resort.
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
Every bank has its problems. But shopping around and splitting your loans between various lenders can stretch your borrowing capacity much further.
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
Yes, I have had one of my applications rejected because of too many CRAA enquiries. (Westpac). But it was approved (x2 more) when I explained 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
I can answer 2.
The bank will want to know your income to see if you can service the full limit of the LOC.
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
Here I am.
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
Sometimes, it may be better to take a year off work if you are getting a large tax bill.
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
And what about when those ‘minors’ become ‘majors’ and maybe going to uni and not earning any money = good beneficiaries.
You can also distribute approx $650 each year to minors without them paying tax. It helps if you have lots of kids!
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 don’t see there is an easier way for them to do it without you losing out. You could use a lease option and have them pay say $100 pw extra, then have all the extra repayments come off their purchase price – based on market price at the time they want to buy it. eg in two years time it may be worth $350,000, so they could get a $10,400 discount – not much, but maybe they could pay more or you could even offer to match the extra they have paid. ie $20,800 discount on this case.
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
brahms. I got this from a solicitor’s newsletter. I beleive it applies to any sort of mortgage and you could probably find out more from the office of state revenue.
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
Zedz
You should not hold assets in your company for asset protection reasons (possibly could be sued due to work) and tax reasons (no CGT discount etc). You could probably set up a trust and use the income from your business to gift or distribute to the 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
Trust Magic is the only one you need.
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
Bid
I just asked my accountant this (ex ATO). He said it would be considered a disposal of an asset by the husband and he would have to pay CGT based on the market value. If the ATO disagrees with yout valuation the commissioner can issue his own.
So the wife’s cost base would be $350,00 and the husband would have to pay CGT as above.
Depending on the state you are in, I think there are stamp duty concessions for transfers between spouses. I know of one recent situation in NSW, where the husband transferred his half of his house to his spouse who owned the other half. They said tehy did it without stamp duty even (tho it was not due to a divorce).
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



