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Yes I think James is correct. With a hybrid, you borrow to buy the units in the trust, so you are not really lending to the trust.
If it was a standard discretionary trust, you may be able to do it, but it would in effect be diverting income from the trust to yourself. So you may end up paying more tax that you would otherwise. ie You would be making a profit on the interest rate margin.
Terryw
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Zimonya
Yes the trustee can be a beneficiary. If you use your father as trustee, he will have to guarrantee all loans, but you could still access teh income via the distributions.
Corporate trustee makes it more secure. There may be times when the trustee can be sued, so having a company with no assets as trustee is safer in this regard.
Terryw
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I owuld really look at a trust structure if I were you.
have a look at http://www.chrisbatten.com.au and watch all the free videos etc.Terryw
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Depends on your situation. I would think if you are already wrapping, then ‘yes’ for the wrap kit. If investing in property already, then ‘yes’ for wealth guardian and ‘maybe’ for the wrap kit. I am not an accountant.
Terryw
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Beware of fixing rates with LOs. I did this on one of mine, then the tenant cashed me out earlier than expected, and I had very high breakcosts – which I couldn’t pass on.
With a LO you could do either PI or IO, and you could access the equity while using either of these, but becareful you don’t take your loan over what the tenant can cash you out for, or you may have -ve equity when they cash you out.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi There!
Terryw
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Anubus
What if your were at fault and the insurance didn’t cover you. eg you may have done some electrical repairs without being a licenced electrician – and the tenant is electricuted. Or any of a number of possiblities.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
In this situation, I would live in the first inv property for a short time period to establish it as my PPOR. Setup an IO loan with a 100% offset on this and others. Make sure they were all stand alone loans (not cross securitised). Pay IO and extra money into an offset account to save interest. Probably get the first proeprty in personal name and the rest under a trust structure.
Then when the time comes to buy PPOR, sell IP1, tax free, put all money off the PPOR loan and also pay all money in offset account off the loan for the PPOR.
You could then set up a LOC on the PPOR for more IPs.
Just some quick ideas.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If he is bankrupt, he cannot get a loan. If he is a discharged bankrupt, it will still be very hard to get a loan for a number of years. There will also be lvr restrictions and higher interest rates as lenders percieve a high risk in these sorts of loans.
Whatever structure you setup, you will have problems getting finance if the other party is the one with the income. If it was the other way around (is him with time on his hands and you with the income) you could get around it.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Gordon
I think you can distribute to a newly formed trust. eg. in one of my deeds it states that a general benficary can be the trustee of any eligible trust. An eligible trust means any trust under which a beneficariary has any interest.
But I do not know all the tax rules regarding this issue – but would be interested to find out.Ian, beneificaries can be anyone your want.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
One more thing to consider is, your wife will probably have to pay CGT on market value of her share sold.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Andrew, good strategy which should be OK as you are purchasing another 49% of the property, so can borrow the money to do this. You wife can then use the proceeds to pay off your PPOR or other.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
From memory, Stuart (of this forum) has a good article on loan structuring in one of the recent issues of the API magazine. In the article, he demonstrates why it is not a good idea to cross securitise.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
My advice is to not rely on accountants entirely. They get it wrong, and some do not specialise in this area so don’t really understand.
It is best to read as much as you can on this forum and others, but read critically as you don’t really know if you can trust the information given. Then read up on the various papers on trusts and structures etc available. Then you should have a reasonable idea of what you want before you go and see your 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
You are limited to one bank – which can be a pain in the arse when they won’t lend you any more!
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You need to list your purchase price.
Asa rough rule of thumb, selling price less purchase price gives the gain, you then get a 50% discount, then divide into 2 and this amount goes ontop of your other income.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Mel. They all should, but I know some loan application forms are not worded very well>
But it would appear on your CRAA anyway.
Terryw
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[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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In NSW, Stamp duty is payable within 3 months of exchange of contracts. Even on wraps.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I agree with Simon. There are plenty of banks out there, just try another.
Another option is to threaten to leave your current bank and to refinance everything. This works sometimes.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
At such high fixed rates, the exit fees for your current loan could be enornmous. Have your inquired what these will be? It may still be worth leaving.
I agree with Steven, it is better to get money release and use that as deposit for further property. Taking your values as given, this could give you an extra $104,000 to play with, enabling you borrow another $400,000 or so (providing you can service the debt).
Good current rates are around 6.45% for IO or PI
Terryw
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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



