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

    Thanks Benny, that would be good and would definitely take the pressure off. The accountant said needed to have the funds drawn down to accrue the interest. Well check again

    If you want to prepay interest then you have to be charged the interest before 30June of it will fall over next eyar.

    I just tried to do a prepay for a client with Homeside and they have now withdrawn this product, so hope they are not your lender

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Yes Benny – usually contract date.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Possibly.

    If you or an associate control the company it may be a related party. A transfer could not be done of the property unless it was business real property. However there could be an exemption to transfer the shares of the company. Look at Reg 13.22 SiS Regs and seek legal advice.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Yes, it is not easy Benny

    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

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

    Consider

    1. taxation, now and future, including CGT
    2. asset protection
    3. estate planning
    4. control
    5. family law
    6. incapacity
    7. death
    8. serviceability

    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

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

    Yes, generally GST only applies to new residential property – up to 5 years old is classed as new.

    So asset protection from bankruptcy. strenght will depend on how set up and operated.

    Income can be distributed to beneficiaries of a trust who pay tax on the income.

    Most major banks would consider this – probably not on end value though. YOu may need a smaller more private lender for that.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    I am a solicitor and broker and doing both conveyancing and loan for a client. ready to settle within 3 weeks..Just waiting now for another few weeks to pass by… Not always like this though. I recall another loan that only get the approval 2 weeks before settlement.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    1. Asset protection from what? Usually income distribution as cashflow would be almost the same in a trust or out
    2. yes, but higher rates
    3. would need to be a director or shareholder usually to guarantee a trust loan
    4. GST should be same in and out of a trust

    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

    Profile photo of TerrywTerryw
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    @terryw
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    1. possiby up to 65% of end value

    2. not sure what you are saying here/ once complete you could refinance into a cheaper loan product If individual titles then each title could have a separate loan – potentially a different bank and loan for each unit. IO is possible

    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

    Profile photo of TerrywTerryw
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    @terryw
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    I have been a broker for about 13 years now and never seen a loan ported. They are pretty rare. I beleive some banks do need a reapplication and a checking of income etc while others don’t, unless the loan needs to be increased.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    hardly fair as the same services are used – garbage collection etc doesn’t differ between owners v tenants

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Terry is correct and only Financial Planners can provide you with a plan to move forward with your wealth creation.

    Cheers

    Yours in Finance

    Not really. Financial planners can provide a financial plan covering financial products, if they are licensed to give financial advice. If the advice relates to something which isn’t a financial product then it wouldn’t be financial advice – such as property. Anyone it seems can provide advice in relation to property – including property plans relating to wealth creation from property. Shares, super, margin loans etc would be financial advice and could only be advised on by planners with an AFSL or who are an authorised rep of an AFSL.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Borrowing from parents? (Lending from is grammatically incorrect isn’t it?)

    You should get legal advice before you do anything as there are many issues.

    1. You should document this, whichever way you do it. What if a parent dies and then there is a dispute over whether it was a loan or a gift = litigation.
    2. For tax purposes you should have a commercial loan agreemnt
    3. What are the tax consequences to you and the parents
    4. What are the centrelink consequences
    5. Wills – shoudl the loan be mentioned, forgiven etc?
    6. Cashflow. What if a party dies mid construction, how do parents get money back? How would you pay back in a hurry if need be
    7. deductibility of refinancing this loan down the track.
    8. bankrupty – the risk for your parents if you cannot repay
    9. Security – shoudl the parents take a second mortgage over your house?

    etc

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    You may need advice from different people. Only lawyers can give advice on structures and only those with a credit licence can give advice on loans and credit. Only registered tax agents and lawyers can give advice on tax matters for example.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    You may be able to use these expenses to reduce the cost base and thereby CGT>

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    There is a benefit to cross col – to the bank not the borrower.
    The bank will have more security than it needs and will make it more difficult for the client to leave – whether refinancing or selling. This will also allow them to reassess you at discharge time and to decide whether they think you are a risk or not.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    https://www.propertyinvesting.com/topic/4991056-cross-collateralizing/#post-4991058

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    No pros only cons

    Major one is when you go to sell one of the properties the other ones will need to be valued. This can cause all sorts of dramas relating timing, re-assessment of loans and requirements to pay down remaining loans (maybe reducing non deductible loans). I have seen one person who sold a property yet could not settle because the remaining property had dropped in value and the proceeds were not enough to settle. He could not settle on the sale property because the bank refused to release. Sale fell thru and he ended up bankrupt.

    Another client approached as he had quit work and was living the life retired early. He needed to sell one property to free up some living expenses and pay down debt. Lender required all funds to be paid into remaining loans – this naturally hindered his retirement and he needed to either work or sell more property to get those living expenses.

    Fix it now while you still can.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Terry fully agree with you but Chris doesn’t have any non-deductible debt (at least not a PPOR) and neither did I say he should take out a P+I loan.

    The main idea behind my post is to lower your interest payments and to differentiate between IO for negative gearing (where the aim is to not lower your interest payments) and P+I or IO + Offset account (where the aim is to lower your interest payments and increase your equity in the property).

    Thanks
    Andrew

    Ok thanks Andrew. If no non deductible debt then it may be worth considering, but the IO with offset can have some advantages too.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Super Andrew, I disagree too regarding the PI loan on positive properties.

    If anyone has non deductible debt they are basically throwing away money if they are paying PI on an investment. This is because the extra money paid is decreasing tax deductions and that money (and the tax saved) could have been used to pay down the PPOR loan sooner.Compounding this would be very costly.

    Other reasons too – cashflow, save achieved with an offset, ability to buy more properties quciker etc

    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

Viewing 20 posts - 1,981 through 2,000 (of 16,319 total)