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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Good points. I think that was written by the Julia who posts here occaisionally.

    Having a 100% offset account linked to the IP can have the same effect as a LOC, but usually with a cheaper interest rate. This keeps the monies separate so no decrease in the investment loan occurs when money is deposited in the account – but it still saves you interest.
    So you should have no problems with ATO in this regard.

    Terryw
    Discover Home Loans
    North Sydney
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    Profile photo of TerrywTerryw
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    @terryw
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    You had better talk to an account about transferring you business to a trust as there would be capital gains issues.

    But I would think one way would be for teh trust to hold the shares in company.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I think companies are forwned upon is mainly because companies do not get the 50% CGT exemption which individuals and trusts get after holding the property for 12 months or more. This can amount to hundereds of thousands of $$$$$

    Trusts also have tax advantages and asset protection advantages.

    Look into getting a trust.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Hi

    you could use part of the $100,000 as deposits for further property. Get 95% LVR loans if possible (esp while you are still working) as this would leave you with some cash. That is the only way to get both property and business.

    Once you stop you job and start a business it will be hard to get a loan. banks want to see 2 years history, and a good income (of course!). Even with low docs, the banks will want to see you holding an ABN for 2 years before they will lend. There are however, some lenders which may not have this requirement.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Julian

    With the first trust I set up, I had both me and the wife as trustees. I didn’t realise at the time, but buying in two names or two trustees giving guarrantees severly limits your borrowing capacity. So I have set up some more, one each. I also have a unit trust for some joint investments, with the unit holder being my discretionary trust.

    It is also an idea to keep your business and properties in a different trust, just in case.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    For the $275 trust deeds, please have a look at
    http://www.LawCentral.com.au

    They also have a lot of good general info.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I think you can only claim in proportion of ownership.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Who cares about an 11sec solution when you have tripled the value in 8 months! Welldone.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    PeterG

    I have a few trusts, but generally just use a discretionary Trust (ie family trust) with individual trustees.

    The trustee purchases assets on behalf of the beneficiaries of the trust. Just think of opening a bank account for a child. They ‘own’ the money, but you manage it for them. it is just like that.

    The benefits are asset protection (as you don’t own the trust assets) and tax reduction, by enabling the income to be distributed to the lowest tax payers (amoung the beneficiaries).

    Setting up a company as trustee is not necessary, but adds to the safety of the structure.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I would have done things differently.

    It seems you have cross securitised the IP loan with your existing home, and your wife is going guarrantor to your IP loan as she is part owner of one of the securities.

    A safer and more flexible way to do it would be to withdraw funds on the existing loan (eg loan increase, redraw or LOC), and then get a separate loan (without the wife) on the new IP. This limits your exposure and is easier to get further loans.

    I would also have used a trust. In fact, if you talk to a solicitor, it may still be possible to slip a trust in to this deal.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    It depends on what assets/investments your Trusts hold. My accountant charges about $100 for the trust return and then about $100 per property, extra per shares and capitals gains and business etc.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Not much happens. I know a few people like this. maybe when you eventually lodge you could write a letter to the ATO with a nice reason.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    There will be a time when banks will say no more, but shopping around should let you keep going. some banks get worried when you are too rent reliant. I once asked a lender to define rent reliant, and was told if the client needed the rent to service the loan, then they are rent reliant!!!

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    James is correct. some (unscrupulus?) people change the spelling in their names slightly. It helps if you have a space in your name or a hyphen.

    Also some banks do not do a cra check if under a certain lvr.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I was keen on cashflow positive properties, but my ideas have changed and would now only go for growth. Any cashflow would be a bonus.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    I have friends that purchased a few housing commission houses in Sydney a few years ago. The recently sold them, one with a $150,000 capital gain and the other a $69,000 gain (in about 12 months).

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
    Participant
    @terryw
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    Post Count: 16,213

    I agree that the first one is the hardest. It is harder to qualify for the finance and it is harder because you don’t really know what you are doing.

    But it sounds like you have planned well as this property may also be CGT free if you sell within 6 years.

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    That may be a good idea to sell the IP and pay off bad debt. Have you factored in capital gains tax?

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Penguin

    It varies, but generally you will have to be self employed for 2 years (proven by ABN history). Some will do low docs to PAYE. Some lenders will lend to anyone on low doc loans.

    Also soem lenders will not lend to companies or trusts under the low doc products (eg ING and Suncorp)

    Terryw
    Discover Home Loans
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Dan

    Trusts are tax effective – eg. you can distribute the income to family members not working and pay no tax.

    Having a company as beneficiary is not problem, the beneficiaries cannot be sued. If you meant trustee, having a company has added protection, but you should not have a trading company as trustee. It is better to set up a new company for this.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 15,301 through 15,320 (of 16,328 total)