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Just look for an accountant that can provide some good advice to go with the trust deed. Most accounants will just purchase these generic documents off the net. It is the advice that distinguishes them.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You will nearly always have to pass the mortgage insurance criteria if you are borrowing more than 80% of the value. A few exeptions are if you go through a non conforming lender such as Liberty or bluestone (but higher rates).
If pass the banks requirements, then maybe you could borrow the 20% from elsewhere intiailly. wait 6 months and then increase your loan to pay off your loan for the deposit?
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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What about stamp duty and mortgage stamp duty!
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Using a trust allows you to distribute any income at your (or the trustee) discretion to any beneficiary of the trust. If you buy in your name only, you are stuck with all the income. Beneficiaries are usually listed vaguely such as any current, future or past spouse, any children or future children, step children and grandchildren. So you may have potential beneficiaries that aren’t even born yet! You never know how your circumstances will change.
eg. Say you were working and your spouse wasn’t. If you had $6000 in positive rental income, you could simply distribute all of this to your spouse and no tax would be payable.
Another major benefit is asset protection. Holding assets in Trust means they are not really yours, so if you are sued, those assets are protected (to a certain degree).
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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That sounds reasonable I think. I’ve paid similar.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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There are generally more deductions available to a company or a business than an individual.
For some unusual ones (eg alcohol) see
http://www.gatherumgoss.com/business.htmTerryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You can certainly use the equity.
If you use equity and no actual cash, then the cash on cash return will really be infinity!
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Bruce Whitting.
http://www.mintgroup.com.au/about/profiles.htmTerryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I agree with Golfer. You should be eligible for a low doc loan as you are self employed.
When applying for the centrelink payments you will have to declare your income etc. There are now strict rules regarding companies and trusts, whereby even if you purchase in a company or trust the income will be attributed to you personally if you control the entity (ie are a director, trustee or appointer). So there is no real way to avoid this. for more info check out their web site.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Good strategy, but capitalsing interest on the IP and claiming it is possibly not allowable. The ATO is fighting this in the courts at the moment. Is that what you meant? If you are just paying interest only it should be ok.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Someone asked me for an explanation of the abbreviations in my post. I’ve emailed back teh answer, but I thought I might put them here as well just in case..
LVR means Loan to Value Ratio (eg $100,000 property with a $90,000 loan = 90% lvr)
LMI means Lenders Mortgage Insurance. Banks generally only lend to 80% LVR so if you want a higher LVR, they will request you pay LMI and so teh LMI company has to approve you loan as well as teh bank. There are only 2 LMI companies which makes it hard sometimes.
PMI is the name of one of the mortgage companies. GE is the other.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You can swap loans around, increasing one and decreasing the other for example. But for tax purposes, it is the purpose of the loan that matters.
But Garry wants to have a debt on his IP and no debt on his home for tax purposes. Unfortunately you can’t do that. The ATO will trace the funds and disallow it.
One way you could do it would be to sell the fully paid off flat to your trust, and then borrow money as trustee to buy it (off yourself). That way the funds are legitimate borrowings for investment purpsoes. If you jsut increased you loans the purpose would be non investment so the interest deductions would be disallowed.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Did the bank manager include the potenital rent from the property you will be purchasing? From what I have seen of bank managers, probably not.
You could get a LOC setup to access some of that equity. You could then take the deposit for your new property from this LOC and go to a different lender for the main low. Some people use low doc loans when they can’t service anymore, they go to a different lender and jsut declare their income. No confirmationis done by the low doc lender.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Even if they turn out to be good cashflwo, they may be very hard to onsell.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Just found this on the ATO site, regarding Superfunds lending:
“Loans/financial assistance to members or a member’s relative
Trustees are prohibited from lending money or providing financial assistance from the fund to a member or a member’s relative. The use of a fund asset by a member or a member’s relative for no cost or as a guarantee to secure a personal loan for example would be in contravention of this investment restriction.”http://ato.gov.au/super/content.asp?doc=/content/17585.htm&page=8
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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picja1
Can a superfund actually invest where the security is mortgaged? There are also various rules about superfunds doing things where the trustees benefit, so be very careful before doing this, get some good advice.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I agree with Melanie and would like to add there are considerable tax benefits to a trust as well. There is a good book written by an accountant called ‘Trust Magic’, available at:
http://www.gatherumgoss.com/Terryw
terry@discoverhomeloans.com.auTerryw | 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
There is a book available written by an Aussie, Andrew Grey:
http://www.creativerealestateinvesting.com.au/The number of properties you can buy depends on many factors including your income, and deposits (or equity), and the price range of the properties.
Terryw
terry@discoverhomeloans.com.auTerryw | 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
There are various products such low doc loans where you have to state your income and no doc or asset lend loans where it is not even asked. You generallly have to be self employed for around 2 years for low docs (get an ABN now!).
Asset lends can be done on the value of the property alone. I know of one product at 85% lvr with a rate of 9.5% (+ hefty upfront fees). Another at 65% at around 7.45%.
There are also private lenders that lend based on valuation only. Rates are higher, but if you can find cheap properties, you may be able to get 100% finance, but it is extremely hard to do, and also hard to convince a valuer to value the property higher than the contract price.
Low doc loans start in the low 6%s at 80% LVR and range up to 10.15% at 90% LVR.
Terryw
terry@discoverhomeloans.com.auTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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That sort of information is not publically available (to my knowledge). You can email me the postcode and I will let you know.
Terryw
terry@discoverhomeloans.com.auTerryw | 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



