Terryw replied to the topic Asset protection for career change in the forum Legal & Accounting 5 years, 11 months ago
Yes there are asset protection strategies you could use.
Terryw replied to the topic Finding deal vs Finding loans in the forum Finance 5 years, 11 months ago
You should probably speak to a broker about working out your borrowing capacity before you start looking for deals as if you can’t borrow then you are unlikely to able to buy (without getting creative).
Terryw replied to the topic Asset Protection! in the forum Help Needed! 5 years, 11 months ago
Get some independant legal advice.
Terryw replied to the topic CGT on Brand New Investment Property in the forum Legal & Accounting 5 years, 11 months ago
depends. It would be either CGT or income tax depending on the situation.
Don’t forget the GST aspects.
Terryw replied to the topic How to sell H&L package after the contract signed ? in the forum Help Needed! 5 years, 11 months ago
yes you would need an agent unless you can find a buyer yourself. Before engaging the agent you would need a contract of sale or speak to a lawyer about assignment/nomination.
Terryw replied to the topic Question about transfering money between personal and trust accounts in the forum Finance 5 years, 11 months ago
perhaps, but consider what the consequences could be.
Terryw replied to the topic Question about transfering money between personal and trust accounts in the forum Finance 5 years, 11 months ago
Only lawyers can draft legal documents. Most lawyer should be able to assist with a loan agreement.
Terryw replied to the topic Question about transfering money between personal and trust accounts in the forum Finance 5 years, 11 months ago
movement of capital from a trust doesn’t in itself trigger tax. Only if it is income or capital gains will it trigger tax – consider stamp duty too.
If you have lent money to the trustee how is this documented? Is there a written loan agreement? If this would would have the terms of the loan. If not it is an oral contract and this will cause…[Read more]
Terryw replied to the topic Foreigner Buyer Restrictions in Australia in the forum Help Needed! 5 years, 12 months ago
Yes, there are a number of ways it can be structured. You will need legal advice on the foreign acquisitions and takeovers act and regs
Terryw replied to the topic Question about transfering money between personal and trust accounts in the forum Finance 5 years, 12 months ago
ATo are only concerned about deductibility of interest.
Transfer of cash generally doesn’t trigger tax.You should consider the legal effects
– is it a gift or a loan?
– how is it documented?
– if a loan what is the interest rate?
– limitations act
– who the trustee is
– what happens if you lose control of the trust?
– what happens if you die?Terryw replied to the topic Bought a property before I read this book in the forum Help Needed! 6 years ago
Most lenders will treat guarantees the same as taking the loan itself for serviceability purposes so using a ‘trust’ will not help in this regard, but could hurt because any loss will not save you tax so negative gearing addbacks won’t help.
But careful structuring of a trust can also improve serviceability in other ways. I think I have written a…[Read more]
Terryw replied to the topic RE Agent & GST in the forum Help Needed! 6 years ago
If you are not registered for GST you cannot add GST to goods or services
Terryw replied to the topic Bought a property before I read this book in the forum Help Needed! 6 years ago
wow, what book did you read!??
What is the issue?
Transferring the property to a trust or declaring a trust over it will result in stamp duty and trigger a CGT event.
Terryw replied to the topic Help Needed – Self employed / Trying to save the family home! in the forum Help Needed! 6 years ago
1. Not really because rental income would need to be paid if you didn’t live in it. very ball park figure though.
2. title will show legal ownership %. If this is to be varied due to some sort of agreement the terms of that agreement will need to be evidenced.
If you meet a condition of release you could possible access super.
Terryw replied to the topic Help Needed – Self employed / Trying to save the family home! in the forum Help Needed! 6 years ago
You don’t mention if your mother has passed away or not.
1. You won’t need a deposit if you are inheriting your mothers share of the property. As a guide roughly 6 times your annual gross income will be the max you could borrow.
2. Has probate been granted? Who is the executor?
3. Yes, ask for the terms of the agreement and a work out of their…[Read more]
Terryw replied to the topic NEED HELP: Valuation from buyer came back lower in the forum Help Needed! 6 years ago
Could be a ruse to get you to lower the price.
You could either
a) reduce the price by $25k
b) stand firm
c) lend them the money, or
d) meet half wayYou need to consider whether you could find another buyer for the same or more.
Terryw replied to the topic Cross-collateralisation ever a good idea? in the forum Finance 6 years ago
Forgot to add, these days brokers generally can’t even submit their own loans.
Terryw replied to the topic Cross-collateralisation ever a good idea? in the forum Finance 6 years ago
I became a broker because I wanted to get paid for my own loans. But these days it would cost you around $10k to $20k to become a broker plus the ongoing costs would probably make it not worth your while unless you wanted to start a business.
Terryw replied to the topic Cross-collateralisation ever a good idea? in the forum Finance 6 years ago
Well, the broker should give you reasons why you should do what they are suggesting and these reasons should be logical and backed up with reasons
e.g. why should you avoid cross collateralisation of securities? Because it gives the lender more power when things go wrong. This is because the lender will have 2 securities for 1 loan. Also it is…[Read more]
Terryw replied to the topic Cross-collateralisation ever a good idea? in the forum Finance 6 years ago
Are you saying you can’t trust any of the 5 or so brokers who have replied above?
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