Forum Replies Created
Chris
You will have to pay stamp duty on this, as well as legal fees. Also bear in mind that you will have to charge yourself market rent, and therefore after a number of years the rent will exceed the interest and the trust will be making a profit. Depending on who you distribute to, extra tax may be payable where otherwise you wouldn’t. Also you lose your PPOR CGT exemption.
SO carefully weigh up all the positives and the negatives before you do this. It may still be worth it?
Terryw
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I recomend using a solicitor. Conveyancors may not pick up problems with the contract, like happened to me recently. Having a solicitor saved me from entering an unacceptable contract. I am not sure, but think conveyancers just deal with changing the names on titles and other ‘paper work’.
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
Somebanks will take annuities into account wehn assessing your income. The trouble is you have to be able to borrow to buy the annuity in the first place. You might as well use low doc loan instead.
And SIS, I think you have mixed it up. You pay the lender a sum initially and they give it back to you monthly plus interest.
The theory goes something like this:
You have $500,000 worth of borrowable equity, you borrow this and buy a $500,000 annuity over say 5 years. You will be repaid $100,000 per year plus interest, so maybe $105,000 per year. Some lenders will accept this whole amount as income – even tho it is mostly just your own money.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
Fireball, i agree with Elysium. It is not the end of the world, and may work out in the end.
In the meantime, to divert the rent to a trust (if you need to?), you could rent to a trust at a lower rent and then the trust could on rent to the tenant at a higher rent, making a little profit.
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
One of my tenants is currently 4 weeks behind, and I am in the process of evicting them (Vic).
I would get your PM to get onto them if they are more than 2 days late. Once they go over 14 days send them a Notice to vacate, and get your PM to go to court (VCAT in Victoria) to get a possession order. Then if they do leave the police can be authorised to kick the tenants out.
A good source of information are the various tenants unions in each state. They have websites and explain, from a tenants perspective, the process of being evicted including what a landlord can and can’t do. The tenants union Victoria can be found at:
http://www.tuv.org.au/vacate.htmTerryw
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
Felicity. Yep I have actually done that in victoria using the existing agreement trick.
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
SB
I used Westpac recently for some of my properties. It cost me around $400 per property and I think they gave me a multiple property discount of around 10%. This covers building and malicious damage etc by tenant. There is also cover for loss of rent if the property is unrentable for a certain period.
I don’t think you would need contents insurance as this is covers the tenants personal items and should be their responsibility.
Someone in another post gave this address for an online comparison of various companies:
http://www.insurancewatch.com.au/home.htmIt is worth a look.
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
Russell
You could possibly get 65% of end valuation with private financiers, rates are around 12%pa.
65% of $1,190,000 = $773,500.
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 not sure what exactly you mean by assigning contracts. If you are meaning to sign and/or nominee and then substitute the purchaser for a fee, then I can’t see how there could be any question of ethics!? (BTW, this can’t be done in every state without paying double stamp duty)
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 Skydave
From the information you have given, you should be able to qualify for a loan. You would probably need to borrow 95% of the value of the property to leave some of your money for costs.
Terryw
Discover Home Loans
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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, that is my understanding and experience too. (I tried to post earlier but couldn’t due to that flodd control thingy)
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 think any transfer to a trust would be classed as a sale, and then stamp duty and CGT. A good way to avoid CGT is to simply never sell. Make sure you get some good advice before you buy anymore properties.
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. Here is a good site regarding depreciation by a quantity surveyor:
http://www.washingtonbrown.com.au/site/depreciation.cfmTerryw
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
Try this site as well:
http://www.washingtonbrown.com.au/site/depreciation.cfmThere are a few PDF files on what stuff you can claim
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
As Mortgage Hunter said, each bank has different criteria which is not always very trasparent. Brokers have access to banks excel spreadsheet calculators, but unfortunately we cannot give these out.
As a guide, Most banks take 100% of income, 80% of rental income into account, and then a living allowance which varies depending on how many dependents you have, your curretn repayments for exisiting loans and then the repayemnts on the loan you are applying for at an interest rate of about 1.5% above current rates. They may also make this calculation PI even if you are paying IO. And they will take 3% of your credit card limits as a monthly expense-whether you pay them over every month or not.
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
Cornel
You can use the money to pay for those (or anything), but the interest on this portion won’t be claimable. It doesn’t matter when you take the money out as the ATO goes on the purpose of the money. You can still do it tho, just don’t claim it.
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 purchased it a few years ago. It works ok, but does take a bit of effort entering all the data. I didn’t find any mmistakes on mine, but didn’t end up checking all properties because it takes so long to enter.
The trouble is you need a special code to operate it, and if you re-install it you have to fax away for a new code. I reformated my computer, and just never got around to asking for a new code.
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
Try one of the big mobs like masterton. that should give you some ideas on pricing.
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
Cornel
Since you have been living in your property, you could probably continue to class it as your main residence even tho you are living elsewhere. you can do this for 6 years as long as you do not class any other property as you main residence at the same time.
You could withdraw equity form you property and put it in the bank, but why? You would be lossing out as you will be charged around 7% interest, but will only be getting around 5%. You may be better off to leave it there until you need it. maybe set up a redraw facitlity now to get it all ready. You may also not be able to claim the extra interest on this as a tax deduction-depending on what it is eventually used for.
You will not be charged any tax on the equity that you borrow because it is not income, just borrowings.
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
Leonid
The trust method described sounds feasible. Just bear in mind that this will affect your loan serviceability for future loans. Are you sure they do not qualify for a loan on their own?
For your parents in law, it may depend on their residential status. ie are they permanent visa holders or citizens? If not, then they may have to get the approval of the Foreign Investment Review Board, which is usally only available for new property.
Maybe you could form some sort of JV with them too. They would supply the deposits and you could get the loans. Somesort of trust structure would be good wiht this too.
BTW, I am not an accountant, so pls check with one.
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



