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  • Profile photo of TerrywTerryw
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    @terryw
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    Richard – what was the record number of properties securing one loan?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    It generally couldn't be financed (under housing loan) unless it become a non removalable home. Any wiff of it being able to be removed naturally worries lenders.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Vincent8 wrote:
    Hi all,

    Many thanks for your helpful replies – I appreciate it. I did double check this with my mortgage broker today and you are all right, he was trying to cross collateralise.

    I told him I didn't want this, so he will get back to me with other products where this can be avoided. However, he did advise that I may lose out in some tax benefits and also may end up having to pay mortgage insurance if I do not cross collateralise.

    Tom, that is interesting that you think I could avoid mortgage insurance here. When I get the full figures from my broker tomorrow, I'll let you guys know. Will definitely be borrowing IO for the IP.

    With thanks.

    Sounds like the broker is inexperienced and/or doesn't understand structuring or tax.

    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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    Vincent8 wrote:
    Many thanks for your advice, Terry.

    I will definitely stress to my mortgage broker to avoid cross collateralisation if this is what he had planned. Will also mention the LOC you advise of and see what he has to say.

    I realise I sound like a complete amateur when I post this, but I am new to this and my mortgage broker sounds like he is speaking another language.

    These were his exact words, if your good self or any other posters who are familiar with this topic can translate for me in laymens' terms:

    "How it would work you would keep your property at $200k and continue to pay that P&I and try and pay that down as you are doing, because there are no taxable benefits involved with your principle place of residence.

    Then you would borrow the full amount plus stamp and settlement costs as they are tax deductions on your investment property.

    If you bought for $300,000 for example you would borrow $315,000ish. The loans would be $200,000 plus $315,000 : Total Approx. $515,000. Values Approx. : $815,000 Loan to value ratio of approximately 63%, so well out of mortgage insurance territory."

    Does this sound like he was trying to set up finance so it would cross-collateralise, or perhaps it isn't clear from his wording?

    Many thanks

    Sounds like a cross collateralising to me.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Yes it is normal these days. But I don't charge anything at the moment. I have been meaning to implement something to stop the time wasters but haven't got around to it – not that I get many.

    You need to look at the foreign investment rules if your Singaporean friend is a non permanent resident. Depends on her/his visa.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Beware – sounds like he is going to cross collateralise your properties. THis is dangerous and unnecessary.

    Basically there are 2 ways to do this

    Values

    $500,000 PPOR

    $300,000 IP


    $800,000

    Loans

    $200,000 PPOR

    $300,000 IP


    $500,000

    LVR = 500/800 = 62%

    The security for the IP will be the IP and also the PPOR = No No

    ========================

    A better way

    Loans

    $200,000 for the PPOR secured by the PPOR

    $200,000 LOC secured by the PPOR. This will be used for the investment

    $240,000 loan secured by the IP

    The remaining $60,000 and stamp duty etc for the IP will come from the LOC secured on the PPOR. Interest should be deductible if set up correctly and this will allow you to borrow 105% of the investment property value and have all loans stand alone with no cross collateralising of security.

    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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    Don't put it in the loan as that will create tax problems. Deposit = repayment and withdrawal = new loan, so you could ruin deductibily of the interest once you withdraw the money.

    A look at 100% offset accounts would be the way to go

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Whats a dummy company? A company is a separate legal person so you could rent to a company which you controlled. But what are you trying to achieve here? Income from the work the company performs will be taxed. For the company to claim the interest on any loan used to buy the premises market interest would need to be charged. The rate would be paid by you and taxed in the company.

    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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    You can't do it without stamp duty, usually. You enter into a contract to purhcase and then quickly sell the same property. At settlement you organise it to all happen simultatenously. It will be a crowded table with cheques being handed around but at the end of it you should have a cheque left in your hands but no property or loan. However if the end purchaser doesn't settle you are in deep trouble.

    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

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    Nue1 wrote:
    Hi all,

    First of all, thanks for all the inputs.

    The reason why I want to start now and don't want to (well I can at the same time) reduce my debt is, I plan to buy my first IP, then after considerable amount of time of holding (1-2 years), I can benefit from capital gain (not negative gearing, aiming at positive gearing or neutral), then sell the property off for capital gain to reduce my debt, or keep holding the property, release the equity out and buy another property, rather than keep savings and savings and pay the debt off. Well of course, that is depends on the location whether or not is it a good capital growth area. Due Diligence.

    And yes, there are upside and downside to this strategy of mine, I can just put all these savings I have at the moment and close all the bad debts, but my thought is why don't I benefit from property and invest first? I can continue to save money after I buy the property at the same time.

    I might have to speak to mortgage broker out about whether my debts will bring down the borrowing power or not. If not then I will go for joint names, if yes it will affect the borrowing power I will get my friend to be the sole owner with agreement contract behind that.

    Question is how much will it cost my friend and I to obtain this agreement contract and from who? Solicitor? Lawyer?

    Thanks guys.

    Regards,

    Nue1

    A solicitor is a lawyer and only a lawyer can prepare deeds and agrements. Could be $1200 to $2000 or so for such an agreement.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    jer29e wrote:

    Hi

    I would appreciate it if you could advise me on my situation. I have some equity in my PPOR and the property is in my name. I am about to start a rather high risk business and do not want to risk losing the equity if I get sued.

    Are there any way to protect my equity?

    i heard that there is an equity bank trust (EBT) in which I can give the equity of my property to the trust eg $200k and the trust will give me a secured loan for $200K. that way should I get sued the creditors will be below the first mortgage and the equity bank trust. I understand that i will be the director of the EBT trustee. Can the loan documents from a related entity(  EBT) stand in court and protect my assets? the loan is not registered on the title of the property.

    Thanks very much  for your help.

    There are a few promoters out there promoting this sort of thing – but none of them lawyers from what I can see.

    How do you gift equity is what I would like to know. You can let a trustee take a second mortgage over your property, but a mortgage is only security for something – usually for borrowing money. So if you lend money to a trust that money is always your money and still available for creditors. If the arrangement is non commercial then the bankruptcy act has provisions which can unwind any such transaction.

    There may be other ways to structure which are cheaper and more effective about 5 years after they are set up

    I think your $20k may be better spent. Sell your property and spend the proceeds – if you are really worried. Then start again afresh structuring well from the get go.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Any non deductible debt?

    What if you sold the one with the most equity and paid off your non deductible debt (if any) and then parked the rest in the offset account attached to an investment property?

    How would that effect cashflow?

    or

    What if you sold the one which will result in the least amount of CGT – how would that work out?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I would suggest you consider to buy under friend's name only. You can set up structures which will cost money and result in cashflow issues or just keep it simple. Joint names would mean you on title too – that may be possible or may not considering your debts. If it won't hold you back then both names, if it will then friend only with you assisting. You can then have an agreement drawn up so as to split expenses and profits.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    r.m.investment wrote:
    I just built an investment property in QLD and it’s now rented out. I used a national buyer’s agent to set the deal up, as I’m in Vic. I was expecting the rental income to be just over $400pw, but they ended up rented it for $445pw on a 2 year lease in the first two days.                                                                                                                                                                                                                                                                                                The house and land price added up to $438,000 and I owe the bank around $449,000 (purchase + Stamp Duty on the land + costs, etc). The bank valuation on completion was $462,000. I have an interest-only mortgage, with an offset account on this investment property. The offset account has approximately $36,000, but I will soon receive $9,000 from a rebate the buyer’s agents negotiated for me, which will be added to the offset.

    My annual income is approximately $85,000 and I have put in a tax variation. The property is cash positive by about $30 pw before the offset is taken into account.

    So here is my question, should I let the $45,000 stay in the offset account or should I utilise this money in another way?

    BTW: my mortgage on the PPoR is $420k or 40% LVR

    Any suggestions please.

    Regards,

    Sounds good. But I agree that the money in the offset should be on the PPOR – you are losing money having the cash in the IP offset.

    And what was that $9k rebate?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes that is correct. Prior year capital losses could offset capital gains – with the same person. You should seek advice though to make sure your losses are captial and have been carried forward.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    RouiRoui wrote:
    Hi,

    Just wondering if tis is an option or makes sense?

    thought about greeting a loan with a line of credit.  It is for our home not an investment.

    we have enough money to deposit into the lin of credit for it to be a zero balance from the get go.

    is this a sensible option, are we missing anything, or is their anything else we should be asking the bank about!

    cheers.

    Generally not a good idea, there are serious tax consequences.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    By capacity, I meant mental capacity.

    There are plenty of ways your mum could lose her money, so to protect her and yourself you each should see separate lawyers and nut this out. It is doable but should be done properly as there are so many issues involved.

    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

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    BomberRoui wrote:
    Morning,

    I'm wondering now whether setting up an 100% offset is perhaps the best path?

    Would the benefit be in paying all my income into the variable loan and then using a 40 day interest free credit card for daily purchases.

    Then from the offset account paying the credit card?

    or paying all income into the offset, and then paying for the PI variable loan and credit card from the offset when it falls due?

    This is for PPOR.

    Best to pay in the offset (as long as you are not tempted to spend).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    BomberRoui wrote:
    Thanks Terry,

    I agree, at least with what you have outlined I still have flexibility and options and can come back to the LOC option when and if required.

    I appreciate you insight.  Cheers.

    Several

    1. You could end up with a mixed purpose loan = messy and more tax

    2. If you ever moved out and rented the property it would be hard to work out how much interest you could claim. Could be a high loan still with no interest deductible.

    3. higher rates on LOC too

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Yes. You cannot settle on the sale under you settle on the purchase. Stamp duty and income tax would apply.

    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

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