Forum Replies Created
Hi seabar
Firstly welcome to the forum and I hope you enjoy your time with us.
Before you rush in and form a Trust think about the sort of property you wish to buy and whether the strategy is for you.
Have you looked at how you are going to structure the loan and whether you intend to use cash or equity as a deposit.
A mortgage broker is a good place to start as you can assess your borrowing capacity and also get some advice on how to structure your loan set up to enable you to carry on buying when you want.
Richard Taylor | Australia's leading private lender
If you are unsure about the begativs of cross collateralising your loans i think you should read some of the past post both Terry and i have written.
If you use your own cash as a deposit remember you wont be able to have it back again and claim the interest as a Tax deduction. Most people want to keep their cash flexible as you never know when you might need it.
Richard Taylor | Australia's leading private lender
Yes you can GOM not an IP where a Capital Gain has been made though.
Richard Taylor | Australia's leading private lender
Yes you can GOM not an IP where a Capital Gain has been made though.
Richard Taylor | Australia's leading private lender
RH
Personally i hold about 5 properties in each Trust and think a separate Trust for each property is overkill.
The Trust will need to be formed prior to going to Contract so assuming the Trust has personal Trustees the Contract names would read as :
Jack and Mary Smith ATF SMITH Family Trust
Richard Taylor | Australia's leading private lender
Hi F
In essence you can use upto 90% of the available equity so in the scenario above with equity of $110,000 then you would be able to borrow against $99,000 (ignoring the LMI costs of doing so).
The 9K is however a separate loan and therefore incurs interest however one advantage of structuring the loan this way is that the loans are separate and therefore not cross collateralised.
Richard Taylor | Australia's leading private lender
Just make sure you avoid their PIT if you want to finance the deal in future as choices wont be great.
Richard Taylor | Australia's leading private lender
Hi MAQ
Firstly welcome to the forum.
Cant recommend an Accountant unfortunately but it is not as easy as that.
It is not a matter of just changing the name on the finance into a Trust name unless the property is also held in that entity.
Selling the property to a DFT will incur Stamp Duty as well as possible CGT so might want to think twice before rushing in.Richard Taylor | Australia's leading private lender
Yes the loan will be closed on settlement of the property.
Richard Taylor | Australia's leading private lender
Walter
In answer to your first question you cant. Any Transfer will incur Stamp Duty and in a gain has been made CGT.
With regards to the Tax rate payable by a Company.
If the Company was deemed to be involved in the business of buying, renovating and then selling property the profit would be consider as Trading stock and Tax would be payable at the normal Corporation rate of 30%.
Richard Taylor | Australia's leading private lender
Hi Sean
No unfortunately it is not.
Loans in the US cannot be cross collateralised (what a good thing) as the loans will be securitised.
Richard Taylor | Australia's leading private lender
D Wolfe no you are more likely to get the loan accepted at 65% lvr with a decent asset base (not talking a $1-2M but a decent asset base $5M + minimum).
Steve is referring to his dealings directly with the Business Banking section of the Bank. I for one can confirm that when we were active in the Vendor Finance market the Banks which openly stated they would not lend where the property was being onsold by way of an instalment contract used to welcome our applications with open arms in the Business Banking side totally contry with their own residential policy.
Whilst i totally agree with Terry that all lenders i have spoken to will take the guarantee as a debt and this will have an negative effect serviceability lending rules with certain Business lenders are different. i mean no recourse lending is still alive and well with the right Bank and dependant on your own Asset position.
Richard Taylor | Australia's leading private lender
Hi Sean
We have been involved in financing in the US since 1989 when i worked with Chase Manahattan and have seen many changes over 20 years.
Up until a year or so we had direct agencies with World Savings, Alliance Bancorp, Indy Mac and WAMU all of who took applications from Foreign Nationals.
All 4 lenders are now no longer with us or part of another US lender who doesnt accept FN lending.
Lenders have reduced their lending because of the changes in the "Patriot Act".
Now because of the demand we only finance clients into Florida which we do through a major US lender and who have no problem in still lending to Foreign Nationals. At the moment it is mainly British Citizens who buy in FL wanting a second home to escape the British winters but Australians are totally acceptable
Lending criteria is fairly straight forward but a minimum loan of $100K and 70% max lvr means the purchase price of the property needs to be $142K +.
Outside FL we mainly work with clients who have equity in the Australia properties.
As Steve has mentioned you will not finance property easily being a FN.
It is for this reason we stick to FL where we have had no issues to date.
Richard Taylor | Australia's leading private lender
Sean depending on where in the US you are looking at purchasing finance is possible within the US from a US lender.
No Australian lender will take a US property as security so if it is in a State where a Foreign National cannot borrow funds and you still wish to go ahead then you will need to use Australian security.
Again not many lenders will accept financing a line of credit to allow you to purchase overseas but we have ongoing 3 / 4 clients who we are working with who are doing this. Seems to a constrant flow of Australians buying abroad who needs asssistance with the finance structure.
Richard Taylor | Australia's leading private lender
Hence my recommendation to clients where possible keep the loan as Interest only with 100% offset account even though it is your PPOR.
Richard Taylor | Australia's leading private lender
Yes either looking at a share portfolio or increasing income through options is one way.
Other way is of course buying a property and have the interest capitalised to a separate Line of Credit.
You would need to get specific Tax advice over this.Alternatively, look at using a LOC to pre-pay the interest annual in advance each year and then having the rent and income going into the same account to reimburse to credit limit.
Also consider something fairly new so to maximise the non cash deductions such as Capital Allowance and Depreciation.
Remember whilst a property might start off as negatively geared it doesnt take long to become neutral and then positvely geared.Individual information on your circumstances would be need to provide you with lending options.
Richard Taylor | Australia's leading private lender
Yes simply you will need to lodge a Transfer at the Titles office (after getting your lender to agree) to it to have the property transferred into your sole name.
Stamp Duty will only be payable on the additional shares purchased and CGT will be payable on any gain from the sale of the shares. With nil consideration other than face value of the shares purchased there would be no Capital Gains Tax.
Richard Taylor | Australia's leading private lender
Hi kactus
Firstly welcome to the forum and I hope you enjoy your time with us.
One point worth bearing in mind and that is if you rent out your place and buy another property the interest will not be Tax deductible even though you are using the investment property as security.
The "purpose" of the new funds will be to buy a new PPOR and therefore will disqaulify the interest from being able to be claimed.
Ideally you would use some of the equity in your current property and look to purchase an investment property or two.
You will need to structure the loan correctly to avoid having the loans cross collateralised so your Mortgage Broker should be able to assist you with this.
If you really want to move out and rent out your place then selling the property into a Trust structure is still a possibility if the numbers work out.
Richard Taylor | Australia's leading private lender
Hi James
No you need to have your Super in a SMSF as an industry fund wont cater for this.
Wont help increase your cash flow at all as the shortfall / surplus will be in your Super fund.
Sounds to me like ideally you need to restructure your loans to free up some equity to enable you to go forward.
Richard Taylor | Australia's leading private lender
Jac
Rule of thumb max loan 70% and no dont difficult to get a loan approved but just be prepared for paperwork coming out of your ears and a fair bit of lenders costs.
Do them fairly regularly and they dont get any easier.
Richard Taylor | Australia's leading private lender