Forum Replies Created
NATS
If your sister has too much property exposure-in terms of loans, then selling half won’t really solve anything because she would still would be liable for the whole debt. ie if you were to stop paying, she would be liable.
Terryw
Discover Home Loans
North Sydney
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Thanks guys. I have talked to an accountant and it is very hard to do an educated guess wihtout knowing all the details. But approx 1 to 2 years profit maybe a guide on the worth of a business.
Terryw
Discover Home Loans
North Sydney
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I don’t think there is anything wrong with having a mailbox instead of an office. Many people can work at home these days, and don’t have a need for an office if they don’t have walk in customers.
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
from my experience, I wouldn’t sell again. You are just wasting money on agents fees, CGT and then stamp duty etc when you buy again. Your current properties are going to keep going up, so why not jsut keep them and borrow against the growth for the next lot.
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 think you can simply transfer without stamp duty. (If it was between spouses in a divorce settlement, then it may be possible).
To makes things worse, your brother may even have to pay capital gains tax as well. Maybe he should have bought it as trustee for your parents.
It may be better just to leave it as it is?
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 agree with Terry. Borrowing through a trust is not difficult, but all lenders will require a personal guarrantee from the trustee or directors of the trustee company.
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
Liberty Finance used to have a 110% and 105% loan available (on the one security), but it had many conditions and was only for high income earners as it required extra repayments in the first few years. But they have scrapped this loan now (maybe due to a perceived lack of growth in commong years).
There are still 100% loans available, but unlikely for a a block of flats.
How many units in the block? if it is 4 to 6 or less, then you may be able to get away with a ‘normal’ loan, any more and it was probably be classed as commerical.
Also location may be a limiting factor, if in the country, for example, the LVR may be lower.
If you could get 80% LVR, you would need $120,000 deposit plus costs. If you have $140,000 equity available you are nearly there. Also, how did you calculate your equity? Did you leave a buffer, as you could only borrow up to 90% of the value. And are you sure about your values? The 2 properties may be worth more than you thought.
So you are nearly there? Do some more negotiations, ask the vendor to leave some money in the deal for example.
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 think there is anything wrong with that. If you provide furniture and charge market rents it is ethical in my opinion.
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
Credit cards can be very good or very bad, depending on how you use them.
It is a good idea to have access to a card with a large limit for emergencies. I know someone that made some miscalculations with her home loan and was about $10,000 short only days before settlement. She used a credit card for this shortfall. Standard rates for short term money lends are about 6% per month, so 17% for a credit card isn’t too bad.
But beware, credit cards will decrease your borrowing capacity as lenders take into account the card limit whether you pay it off fully 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
Just think of tax deductiblitly like this:
If an expense is incurred in a genuine attempt to make a profit, then that expense is, generally, claimable.
So if you rent your house out and are paying an expense in the form of interest, then you should be able to claim that expense..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 could just use something like a price of $240,000 (ie 20% markup) reducing to $1 over 25 years. Part of each weeks rent could go to reducing the strike price.
The way I see it, you have three choices with lease options
1) a Strike price higher than your purchase price that reduces over time.
eg $240,000 reducing to $1 over 25 years2) a static price that for the period of the option.
eg $240,000. that remains the same until they exercise the option3) a strike price that actually increases in line with the market.
eg. 20% discount on market value when they want to cash you out wiht a minimum strike price of $240,000. OR give them 50% of any capital appreciation off their purchase price. eg Original price was $200,00, in 5 years time they want to excercise their option and it is worth $280,000. they get a $40,000 discount and get if for $240,000.Number 1 is just like an installment contract and benefits the tenant most. Number 3 is the best for you, the option seller, but the tenant also benefits as 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
Blowie
I didn’t inform the landlord, just did it! What I did was rent a few bedrooms out at a higher rent, an I paid nothing at all, because the other people’s rent cover the lot. Just becasreful the others don’t find out how much you are paying.
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 Shaunwalker said
quote:
You must remember though that they are not 100% tax deductable but a percentage of it is ie the GST on the books/courses are.
What do you mean there Shaun? I beleive that 100% of the costs should be deductible. (if it relates to your current investments, that is)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 think you may have to submit an amended return for the year in which the expense was incurred.
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
Spawn
I think deductibility is determined by the purpose at the time of the deduction. Eg you could buy a property, live in it, move out and then claim interest and other costs indefinetly if the property remained a rental proeprty.
I think you are thinking about the 6 year rule, which means you can rent your PPOR for up to 6 years, without it being liable to CGT if sold within that period.
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
Michael
yes, most banks assess you on what your current repayments are. So if you are using PI loans you monthly repayments would be higher which would mean you have less money leftover to invest, and therefore less borrowing capacity.
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
Some of my clients have done this, and it has worked well in the past because of the high growth in recent years, but I agree that it would be very risky to consider this strategy now.
Basically all you have to do is find another buyer, and arrange a simulataneous settlement. So you do have to settle, but you immediately settle with the person that is buying from you. So you do not need finance. It can be hard to arrange sometimes as not everything always goes smoothly.
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
Allan
If you move out of your PPOR and start renting it out, the interest should be claimable from the date that it is on the market for rent. (ie even if nobody is in there, as long as you are trying to find someone).
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
Firstly, you probably should not be investing in property using a company structure unless the company is trustee of a trust. SO check this witha good accountant.
If you do decide to use a company, it might also be wise to set up a new one. If the current company is a trading company, it could be the tartget of litigation (eg sued for a business related matter), this would put your properties at risk.
And if you are using a company to borrow, then you can use as little as 5% deposits. It is not really any different to borrowing in your own name as the directors must guarrantee the loan.
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 would only use PI on investments if I have paid off my home loan. It is better to reduce non deductible debt first. Steve has a different strategy, where he likes to reduce debt. It depends on what makes you comfortable.
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



