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  • Profile photo of TerrywTerryw
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    I think the Govt did abolish negative gearing once in 1987 os thereabouts. it caused rents to skyrocket as investors pulled out.

    If the were to disallow negative gearing, they would only disallow the loss from a property to be offset against other income. So if you just did positive stuff, it wouldn’t affect you. Maybe they should disallow it!

    Terryw
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    Profile photo of TerrywTerryw
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    Shralper

    Sounds like a good plan. You can always refiance the land later on if you decide to keep it.

    I have also heard of people buying property using their LOC, waiting a month or so and then getting finance on the property at a value higher than the purchase price by claiming they had made improvements etc. One guy said he got $16,000 extra for just mowing the lawn!

    Terryw
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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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    Nessie

    This topic has been covered before!

    (This is a joke)

    Terryw
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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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    I beleive what Sooshie says in regard to Vic is correct, but have heard this has changed recently.

    I haven’t tried it in NSW, but one of my clients was advised by a solicitor that it would be ok if the nominee was your trust/company or a relative.

    Terryw
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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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    Little Mermaid

    Someone recently had a good suggestion. Your trust could take a second mortgage over your property. That way if anything happened the trust would have the right to call in the mortgage before any other creditors.

    If you have a current mortgage, I beleive the first mortgage holder may have to approve of this. ie allow you to give a second mortgage.

    Terryw
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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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    Hi Sebastian

    Pre-payment of interest is only available on Interest Only loans and is only available if they are fixed for 1 year. This way nothing can change. Next June you will get another opportunity to prepay for the following year, or maybe change back to month by month.

    Terryw
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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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    Maximus

    You don’t have to find +ve cashflow properties. You can create them. Any property can be a +ve cashflow property-you can wrap them or lease option them.

    You can also do things like rent out each room to students. Add another bedroom cheaply etc. Anything that will increase rent.

    Terryw
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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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    They could get a low doc loan whereby they slft declare their income without providing proof. Rates around 7% unless they can prove they are in business and have an ABN.

    or

    They could get an asset lend whereby they will be lend money purely based on the value of their house. Not many lenders do this these days. The rates are pretty high – around 9%.

    or

    They could get a seniors loan. This is where a bank lends them money secured on their house and they don’t have to pay anything back. It comes out of their estate when they die. Rates are about 6.5% I think.

    The last one may be the best option. Do they have any income?

    And watch out about affecting their pension payments (if they get it). There are various rules about income allowable and about gifting etc.

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    Profile photo of TerrywTerryw
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    Thanks Felicity 8

    Can anyone else check this?

    Terryw
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    Sebastian

    I am a Sydney based mortgage broker and could help you out!

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Mate

    I would buy 4 to 5 (or more? if you can qualify for high lvr loans) positively geared properties each generating $3000 each per year-using a trust of course. keep saving and keep reinvesting the cashflow into more of the same until you get what you what income wise.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    DJ

    yep. most banks offer a discount of around 0.1% to 0.2%. The ATO requires that there be a commercial advantage in pre paying interest – otherwise you would be doing it just for tax advantages.

    Terryw
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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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    I was going to say the same thing. I use a real estate agetnt to do all of my wraps from beginning to end. Everything could be posted to you overseas or you could give someone Power of Attorney so they can sign things for you. (Trusted Family member maybe – or i could do it for you :-))

    Terryw
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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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    Hi

    Can anyone that has actually guarranteed a loan for a company purchase please verify if it shows on your CRAA or not?

    I think it would as the lender does a check on the guarrantor just as like they were a borrower. I hope I am wrong tho!

    Terryw
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    Profile photo of TerrywTerryw
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    Hi

    I thought I already replied to this a couple of days ago, but my post is missing??

    You could put the money in the offset account and pull it out to use for further investments. But when the money is withdrawn the interest payable on the home loan would just increase again. This portion would not be deductible.

    However if you actually paid it off your home loan and then reborrowed the money again for investment purposes, then the interest on this extra portion would be tax deductible as it is for investment purposes. The net interest would be the same both ways, but the tax deductions would be increased by using the redraw strategy. It could get a bit messy attributing and keeping track of the portions-but worth it. It would be good if a second sub account or split could be set up. Check with your bank.

    On $50,000, this could work out to be a bit. eg 6% interest is $3000 extra in tax deductions.

    Terryw
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    Profile photo of TerrywTerryw
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    Hi Honky

    How much are you going to purchase it for? Market Value?

    1) You could use you house as collatrol and borrow 100%

    2) You could borrow some money agains your house (via a redraw or LOC maybe) and use this as deposit on another loan for the new house.

    3) You could get the parents to lend you the deposit, and get a loan loan for the remainder.

    4) Often these sort of transactions are done at less than market value and it can be structured so that lenders will basically lend you 100% of your purchase price. Gifting can have social security consqences as well so this may be better than 3.

    I think 2 or 4 is preferable. All of these scenarios could be done on either a normal loan, or a low doc loan.

    However before you do this, have you considered all family planning and taxation issues? It may be wise to leave it in the parents names. There could be considerable tax advantages to do that. If you become owners and it is your second property there is land tax, captal gains tax, stamp duty on the transfer etc.

    If the parents held it until they died it could be passed on CGT and stamp duty free (I think). And your cost base would then be the value of the property at the time. And I think you would have 2 years in which you could sell the property CGT free.

    Lots of things to consider so I think it would be worthwhile to speak to a GOOD lawyer (hard to find!).

    Terryw
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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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    For some ideas check these sites out

    Chris Batten Accountant and structuring expert
    http://www.chrisbatten.com.au

    and
    Kevin Munro, Solicitors and accountants
    http://www.taxlegal.com.au/
    Lots of free articles on Trusts etc

    Terryw
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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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    Felicity

    What do you mean by
    “I’ve been told that because the MI scrutinises the loan very very closely, they insist that guarantors have their credit history marked”

    For any loan you apply for, your credit record will be marked (exept some private lenders). Even loans in a company name where you act as guarantor.

    I know Steve’s technique, but can’t understand how setting up new structures can overcome this. I think that as you get more properties, normal rules don’t apply and banks will treat you as a business.

    Now there are only 2 mortgage insurers left which is making it even harder to get multiple loans. PMI and GE are the 2 and they have policies that limit loans to about $600,000 in total. So maybe $1.2 mil all up is possible if your loans or mortgage insured.

    BTW most of the low doc loans are mortgage insured no matter what the LVR. Some that aren’t include St George, ANZ, ING and Suncorp.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Spocky

    I don’t think this will pose any problems with you claiming all the interest. I do this now (but haven’t been audited-yet).

    You and your wife could just lend yourself the money anyway. Just charge yourself the same interest rate as the LOC.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Hi Andrew

    If you have an extra $50,000 in cash, why don’t you put it off your home loan and then redraw it again to invest. The itnerest on that portion should then be tax deductible – use a split loan if possible to make it clearly separate. That way you reduce your non deductible debt.

    If you can buy +vely geared property the rent from this can also help pay off your home loan quicker.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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