All Topics / Creative Investing / To all you wrappers out there!!!

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  • Profile photo of StevieMStevieM
    Member
    @steviem
    Join Date: 2010
    Post Count: 9

    Hi All,

    I have been reading on the forum for a long time and am pretty impressed with the amount of insight in the pages.
    Thanks to all.
    Finally getting round to posting.

    I am venturing into the world of vendor finance and wanted to make sure i have all the bases covered.

    have been involved in IP's for some time but the vendor finance way of thinking is a fairly new avenue for me.
    We are currently building a new 4×2 in North Brissy and was originally going to hold and rent out – Negative gear and sell in a few years or just hold and buy more once values had risen etc.

    I then started reading more on forums such and this and looking into creative deals etc to pretty much create CF+ from day one.
    I supose the greatest driver is to be able to create a large portfolio without having to keep earning more and more wages to service the loans.

    We have decided that Vendor finance is a great way forward, and this is the way we are going to go with the build project.

    I advertised on the net, have had a great responce and have narrowed a buyer down. (actually have a second buyer lined up for another project too)

    It is getting to crunch time now with Contract, accounting advice, clauses, references, things to watch out for and numbers.

    I suppose my question is – is there anything that is staring me in the face that i should make sure is sorted at the begining??
    I dont want to just be too excited with doing the deal and miss something vitally important.

    Cheers

    Steve

    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    Hi Steve

    As you mentioned "Contract" I'm guessing you'll be using an Instalment Contract (IC) for this sale?  If this is the case you will be regarded as supplying credit.  You mentioned that your building a new 4 x 2. To work out how you need to handle this transaction, you need to ascertain if your loan, under the IC, is "regulated" by the current Uniform Consumer Credit Code or new National Credit Code, after 1 July 2010?

    If you could let us know this we may be able to give you a few more tips.

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
    Email Me | Phone Me

    An alternative way to finance your home.

    Profile photo of StevieMStevieM
    Member
    @steviem
    Join Date: 2010
    Post Count: 9

    Hi Paul,

    Yes, i am using an installment contract you are right.
    I am meeting Solicitors next week, I would imagine they will be able to advise if it is under the UCCC or the NCC??

    I would imagine under the new NCC as the contract will not be entered into until the new FY.

    PS – thanks for you posts on the forum – theres been a lot of gold in you comments.

    My accountant brought up that – if i am seen to be in "the business" of developing or buying property to sell on vendor terms – the property is seen as trading stock – therefore have GST implications –

    This in itself would then have an $$ impact as we are looking into VF with new builds at this stage

    Cheers

    Steve

    mattnz
    Participant
    @mattnz
    Join Date: 2007
    Post Count: 574

    I have just done a vendor finance deal for a new build in Melbourne, the rules are probably very different in Brisbane, but this will give you an idea of what to be aware of:
    *Stamp duty being much lower on a new build really assists a wrap deal. You don’t need to charge nearly as much additional on the price to make the deal work.
    *I was fortunate that at the time I was setting up my deal, the wrap client received an amazing $32k in FHOG, to use as a deposit….. however, in VIC this couldn’t be paid until the construction was completed.
    * You are able to claim back the GST on the construction. Register for GST on a CASH basis. Since you aren’t getting paid for the house until the client refinances the house, it is free money.

    Here are the figures from my deal (note that I work for a bank so have access to deals that may not be available to others):
    Land cost $140k
    Build cost $205k
    Total cost $345k
    Stamp duty $3,700
    Legals $1,000
    LMI $3,500
    10% Deposit $34,500
    Interest during construction period $9,000

    Total cash required = $48,300 (LMI was added to the mortgage)

    Cash returned = $26,000 deposit
    GST = $18,000
    Total cash back $44,000

    Actual cash down after build completed $4,300

    Sale price to client = $365,000 + interest holding costs during construction ($9k)

    Deal structured as Standard Variable Interest plus 1.5%. I get 0.8% off the Standard Variable Rate so I get a 2.3% margin on interest paid.

    Client also pays for water, rates and insurance.

    So from my $4,300 held in the investment, I am currently receiving around $12k per year benefit on the interest plus can claim the depreciation on the new building :)

    Would I do it again? No. For the money I am getting I had to spend too much time and effort which could have been used on other projects.

    Also be aware that if you have several of these that you need to be registered under the new national Consumer Credit Code as a Credit Provider. This may be costly.

    Profile photo of crjcrj
    Participant
    @crj
    Join Date: 2004
    Post Count: 618

    How are you able to claim depreciation if you have entered a contract to sell the property?

    mattnz
    Participant
    @mattnz
    Join Date: 2007
    Post Count: 574

    They don’t take title, pay stamp duty etc, until they make the final payment. Until then it is still my investment property that I am making a return on, and can claim the interest, depreciation etc as expenses on that investment.

    Profile photo of StevieMStevieM
    Member
    @steviem
    Join Date: 2010
    Post Count: 9

    Hey Matt,

    I was under the understanding that as the home is viewed as trading stock therefore no depreciation applicable.
    Also that Stamp duty is applicable 28 days after the buyer takes possession – not settlement.

    as far as GST is concerned – fair enough you can claim the GST paid upfront which would do good things for cash flow, but surely GST is applicable on the way out of the deal also is it not??.

    This then has a direct impact on return!! this is one question i have been saving up for a vendor finance savvy accountant!!

    any recommendations for one in Qld would be great.

    mattnz
    Participant
    @mattnz
    Join Date: 2007
    Post Count: 574

    Actuallly someone just resurfaced an old thread where Julia from Bantacs advised the same as you re: depreciation, which is a bummer. My handover was only this week on mine so I havent claimed any depreciation to date.

    Yes you have to repay the GST, but only when they refinance and pay you out.

    In VIC stamp duty is definitely only when the client takes title, may vary in other states.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    That used to be the case in Vic, but I had heard they changed the rules. Are you sure about that Matt?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    mattnz
    Participant
    @mattnz
    Join Date: 2007
    Post Count: 574

    We checked with Lewis O’Brien who confirmed that was the case. If anyone should know it is Lewis. He would have done more wraps than anyone else in VIC.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    yep, Lewis would know.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    mattnz
    Participant
    @mattnz
    Join Date: 2007
    Post Count: 574

    actually the bit that surprised me, that Lewis confirmed was that the stamp duty paid by the client (when they take the title) is based on the value of the unimproved land, the same as my stamp duty was. It worked out surprisingly well, delayed, but also based on minimal value.

    Profile photo of AndrewBuysHousesAndrewBuysHouses
    Participant
    @andrewbuyshouses
    Join Date: 2009
    Post Count: 54

    Hi Steve and all

    I've done a few of these in Qld, and am a bit confused about your accountant's advice re: GST on buying houses to sell on vendor finance terms.  

    Apparently your accountant said – " if i am seen to be in "the business" of developing or buying property to sell on vendor terms – the property is seen as trading stock – therefore have GST implications".

    With developing property, there are obviously GST implications there, but buying an established property to sell on vendor terms has GST implications?  Really?  Anyone else out there understand this to be the case?

    Personally, I've never dealt with new properties and have never had any GST issues arise – I'll let you all know if I'm arrested for massive tax fraud.  However, if you are worried about paying GST because the property is new, would doing it as a lease option work, so the house is no longer viewed as "new" when they exercise the option?  Would this also mean you get to keep your depreciation benefits??

    New houses definitely not my area of expertise, just a thought.

    Andrew

    mattnz
    Participant
    @mattnz
    Join Date: 2007
    Post Count: 574

    I’m not an expert but my understanding is that GST is only applicable on new properties. I paid for specialist advice from the Quinn Group. Their owner is a regular contributor to one of the property magazines.

    Profile photo of StevieMStevieM
    Member
    @steviem
    Join Date: 2010
    Post Count: 9

    Hey Andrew,

    The accountant was directly referring to new build only.
    The GST implication isnt an issue, provided it is GST on the build on the way in and way out – it does however become an issue if it is on the build on the way in and on the whole sale value on the way out.

    He did mention the Margin Scheem to me the other day, must admit, it did go over the head a little – I have done a bit more reading and it seems as someone commented on in another thread- provided the contract states it falls under the margin scheem, it is only applicable to the build component.

    The GST acutally does wonders for the cash flow side of the modelling i have done.
    Especially as the buyer is paying a 5% deposit upfront – 10k now and balance on completion.
    nearly gives me the cash to get going with the next one

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