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The trouble with doing multiple structures is that as Director of a company, you must guarrantee the loan thru that company. So even if you set up another company, buy more property you will have to keep guarranteeing the loans. You would legally have to declare all loans you have guarranteed to the bank.
Terryw
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Boris
I hope you are right, but…
Usually the beneficiaries are listed vaguely such as any spouse of X (Tustee), and children, relative etc. So if the trustee changes, then the beneficiaries will also change.
Terryw
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Here are some thoughts
Lenders all start to get a bit worried when the rental income starts to be more than your other income. They often then say you are too rental reliant at this stage and will lower the LVR and ask you to put more money into the deal.
You will always have to prove serviceabilty. Even with low doc loans you must state an income and if it is too low, you will be knocked back. (You don’t get a second chance either).
And the mortgage insurers have limits on what they will lend people. I beleive it is about $500,000 and there are only 2 LMI companys now. So that make it about $1 mil in lending if your loans are mortgage insured. Many of the low doc loans are mortgage insured-even when they are below 80% LVR.
There are private lenders that will lend based soley on the valuation, but they will generally lend only 70% and the interest rates are around 8%. You can increase this to 80% by giving a second mortgage and paying about 16% on this extra portion.
I think that after you are going for a while, you could argue that you are a property ‘business’, and as such there will be different lending requirements. I have heard of people with $60 mil in property loans.
Terryw
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Go for at least a 25% margin. There are always going to be cost blow-outs and unforeseen expenses, so you need this much to make it worthwhile
Terryw
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Hi Boris
Steve, if this is classed as a resettlment of the deed of trust, then this may trigger the payment of stamp duty as the beneficial owner of the property has changed and it you could be up for capital gains tax. Is this not the case?
And I am not sure what would happen to the loans (if any) held by the trust. Would they have to be discharged and retaken out in the new trustee’s name?
Terryw
[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
What about if you used a LOC as deposits (lend to your trust?) for your wraps. The when they cash you out, you use the cash you receive to pay off your home loan, without paying back the LOC. That way you are still able to deduct the interest on the LOC and decrease you home loan quicker.
If you had say 10 wraps and they cashed you out on average every 2 years, this could really add up.
eg $100,000 house. $20,000 loan from LOC and $80,000 loan. wrap it for $120,000. You will get +ve income in meantime which you can out off your home loan, but when they cash you out you should get $40,000 cash. Put this off your home loan, and increase you LOC by $40,000 and do again.
Don’t know how the ATO would view this tho.
What do you think?
Terryw
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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make sure you put yourself down as the contact for access to the building, so you can be there when the valuer comes around. Talk up the property.
Show him/her figures of all the recent sales etc. Tell him what you think it is worth (but add about 10%). Maybe say you need it to be valued at $X for the finance to get approved etc.
Also ask him what you could be to increase the value of the property. eg add carport etc.
Terryw
[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
I use a Real Estate agent in Victoria to do all of my wraps. He sets them up and finds the ‘tenants’, then manages the property for me, deals etc. I think you should approach some local agents about it.
Terryw
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Hi 11111
This won’t help much, I thought it would be, but heard from an accountant that it is a capital expense and only claimable on selling the property.
But then when I did my tax return, my accountant claimed it all in that year.Which was good as I got a lot back!
Terryw
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It might be an idea to get the 90% LVRs while you still can. As you become bigger with more properties, it will be harder to get higher LVR loans.
Another thing to think about maybe??
Terryw
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MCW
I beleive that a is only corect for property in ACT and b is correct for property elsewhere.
Terryw
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Soma
Yep. He has broken the lease and lost his rights under the option agreement. The court order that I have actually agrees that he abandoned the property on a certain date and this gave me the right to repossess the property..
Terryw
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David U
Just give them a call – or search the web site first. You may have to go into a branch to do the paper work. They would have to order a valuation which could take a few days, it could be done in a couple of weeks, but knowing banks better allow double that. Shoudn’t cost you too much. Maybe try to imply that you are thinking of changing banks…
Terryw
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Sooshie
Why are the interest rates different?
Terryw
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Hi everyone. A bit of an update.
I have finally found a company willing to take it on. Professional Collection Services, http://www.profcoll.com.au .
They do recovery on a commission only basis with very reasonable rates: 15% on up to $5000.
They are onto my case and I will let you know how it goes.
Terryw
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi Ben
You could refinance now, but beware of exit fees and Application fees for the new loans. If you just want to use the extra equity you could just approach your current bank asking for an increase. Also beware that the bank valuation may not come in as high as you had hoped.
What was the LVR when you purchased? You can generally only refinance to 90% of the value (tho one lender will do 95% -with slightly higher rates). How much you can get out will depend on serviceability as well.
Are the properties x-collaterlised? If not you could refinace one at a time?
what interest rate are you paying now?
Terryw
(Mortgage Broker)Terryw
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go for at least 20%
Terryw
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Does your solicitor want you to sell your current house to a company? or the new house to be purchased by the company?
I would avoid using a company in either situation beacuse of the CGT issues. A 50% discount could be a lot of money.
If buying a new house, I would suggest just buying it thru a trust. This way when you sell it you can get the 50% discount and then diburse the capital gain as you please (between you, spouse, children, grandparents, company etc).
If referring to your current house, I would just leave as it is. Stamp duty etc may make it not worth it. Then if you move back into in future you will have to pay rent to your company or trust.
Yes companies must pay stamp duty and I beleive that it is the same rate as for individuals.
ps. I don’t know what the hell i am talking about!
Terryw
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Peter
It generally takes about 3 days, but with properties in outer areas it can take a lot longer. In the city they use big firms that are on the ball, but in the country they have sometimes just one company to choose from.
I have had the experience where the bank ordered a valuation for a property and the valuer went to the wrong state! (town with same name) It was the banks fault as they ordered it.
My advice is to use a broker as brokers can talk directly with the valuer (most of the time).
Terryw
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi Leigh
It certainly would work as long as you could demonstrate serviceabilty. There is no fixed time period you must wait and you could do it just after settlement if you changed banks. If you wanted to stay with the same bank, then I suspect they would want you to wait a while (But have not had any clients do this before). You have to consider application fees and exit fees etc as well.
Terryw
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



