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

    Make sure the loan is secured or mum could lose her money. You also have to consider capacity issues because of her age and be careful of 'elder abuse' allegations – possibly by other family members. You and her should have separate solicitors and she should instruct her solicitor directly without your involvment.

    She should make sure her will is up to date and that the money is appropriately left to the persons she wants to give it to. A testamentary trust would be worth considering – both you and mum (separately of course).

    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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    Probably. An agent is not going to walk about from money that easy.

    Is there a cooling off period? A notice period?

    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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    BomberRoui wrote:
    Morning All,

    I have come away from an appointment with a lender and I'm still trying to get my head around a Home Equity Loan with a Line of Credit for a new PPR (currently renting).

    This is the working example:

    Property Value: $400,000

    Deposit: $80,000

    Balance: $320,000

    Now this is where the confusion sets in, I'm lead to believe that the $320,000 can be split for example 80% / 20%.

    Variable Loan 80%: $256,000

    Line of Credit (interest only) 20%: $64,000

    Can I draw on the Line of Credit or is it already at its limit?

    Am I better off having a 60% / 40% ratio and thereby decreasing my Principal and Interest repayments?

    I am of the understanding that the Line of Credit is for an infinite time frame on the property if desired.

    What if any strategies should be applied if I follow this route?

    Any other assistance would be greatly appreciated.  I will obviously be quizzing the lender again but I would like to go in again as informed as possible.

    I was going to write "i would strongly recommend against this set up" but then seen you want to use the LOC for business later on.

    In this case I would only suggest this if you are able to fully pay off the LOC before using it for any business related purposes.

    I think a better way would be to set up a PI loan with a 100% offset. Pay minimum and then before you start the business then pay down the loan and apply for a LOC. This will give you flexibilty if you don't go ahead and won't cause any adverse tax issues. Your property would also have grown in value and you could get more LOC possibly.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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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    Say it is a $540,000 property with $40,000 in stamp duty and costs. You have $200k cash.

    Since you are going to rent the property out in the future you would want to borrow 104% of the purchase price. This may be hard to do without other security, but thinking outside the square there are a few strategies.

    Imagine if you you could borrow $580,000. After a while you could move out, rent the place and have the interest on the $580,000 loan fully deductible. You will have access to $200,000 cash for your new PPOR.

    So how do you do it?

    You should seek legal advice about gifting $200,000 to an appropriately set up discretionary trust which you can control. You then borrow 20% deposit from the trust and obtain the other 80% from a major bank. The trust has lent you money so it could take a mortgage over the property after the bank. This will be good asset protection.

    In addition, the trust can lend you the money on a, say, 10 year term with an interest rate of zero percent for the 1st 2 years while you are living there – subject to being allowed in the deed, Once you move out and rent the property the interest rate could be then at commercial rates of around 8% or so – speak to your accountant about how much.

    By the time you move out hopefully the property would have increased in value. Say the value is $725,000. This would enable you to apply for a loan of $580,000 with a major bank  This new loan could be used to pay out the loan to the trust. Refinancing one loan with out doesn't change deductibility of interest so the interest on the new loan should be deductible in full – if set up right.

    Net result is 104% loan. Asset Protection. No extra interest and more tax deductions once you move out.

    Just make sure you get proper advice on this as there are many legal and taxation issues to consider.

    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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    Jimmy,

    If it is semi-detached then it may be possible to live in the entire property for a short period. then move out and rent it and use the temporary absence provisions to have the whole property free from CGT for up to 6 years. Depends on many things though so seek tax advice.

    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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    I am a solicitor and a Chartered Tax Adivsor, but not an accountant – located in Sydney.

    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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    Roxy lacey wrote:
    Thanks terry and  qlds007,

    yes, i do have a lot to learn and will seek professional advice,  can you  let me know how the offset account would work and can I access that money?  Let's assume I purchase a $500,000 property, we put in $1200 a month and we receive $1600 a month in rent, 

    thanks for for being patient with a novice!!

    also, can I purchase more than 1 property with the SMSF loan?

    thanks

    roxy

    You have to distinguish between you and the SMSF. If you purchase a property similar principles apply, but I assume you meant if the SMSF purchases a property and if the rent is $1600 and costs per month, including interest is $1200 then there will be a profit of $400 per month taxed at 15% in the fund. But don't forget there may be non cash deducctions such as depreciation and loan costs, so the taxable profit may be much lower. If the profit is negative, i.e. a loss then this loss can be used to negative gear other income of the fund such as your 9.25% employer contribution. so instead of that being taxed at 15% on entry there may be no tax

    The offset works like this:

    $200,000 loan with $50,000 in offset = interesst payable only on $150,000 of the loan.

    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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    Not sure what you mean by that.

    If there is borrowings involved then the property must be held under trust until the loan is repaid. the legal owner is the trustee of this custodian trust. The beneficiary owner is the trustee of the SMSF for the SMSF members. So any income will go to the SMSF to be held in trust for the members until they meet a condition of release.

    Since a SMSF loan cannot be increased it is worth considering obtaining the highest LVR as possible – generally 80% – and then this can be paid down as required, or extra funds parked in the offset account.

    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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    Maybe i misinterpreted your post, but If you buy in a SMSF the rent cannot be used to pay down your PPOR. Rent received by the SMSF belongs to the SMSF and you can only access your super money once you meet a condition of release.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Consider whether you need to be registered as a real estate agent 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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    @terryw
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    Seek tax advice. It is probably better to stay in it build the GF and establish it all as your main residence (if possible and then rent it all out. It could then be subjecct to the main residence CGT exemption.

    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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    6_anthony wrote:
    Hi Everyone,

    I was wondering if it is more efficient to put any extra cash I have for the time being straight onto my home loan and then re-draw if I need or whether putting it into and offset account would have the same effect? As far as repayments go, would they be the same if I put 10k into an offset account rather than putting it straight onto paying off a mortgage directly? 

    Thankyou,

    Anthony

    Assuming same loans and rates etc there would be no effect in putting it in. The differences will be when you take the money out

    Offset = no tax issues

    Redraw = New borrowings

    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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    Sounds like the broker was lying to you about the progress.

    I would say it is probably not possible to get such a loan through LMI. 5 acres will be difficult but the main problem sounds like the house

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Lots of issues with borrowing that much money – what if you or them died? The loan needs to be clearly documented. What if you became insolvent – they could lose their money.

    What if you couldn't give it back? What if you purchased for cash and then couldnt get  a loan

    etc

    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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    There is a few ways you could do this.

    1. Borrow money from someone and you purchase (or your entity).

    2. Joint purchase – you and them (or you own entities).

    3. They purchase and you arrange things – a JV.

    You need to be careful about needing a real estate licence for 3.

    You find people who may be interested by talking – they have to hear about it to become interested.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I agree – Darryl!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I just use price divided by annual rent.

    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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    charlie123 wrote:
    Hi Everybody,

    Over the years I have renovated a number of properties and flipped them  for a quick profit. I am now looking for another project whereby instead of agreeing to purchase the property, I fund the renovations and do a profit share with the vendor. I can see this being advantageous for the vendor because they will get a higher sale price and also for myself because I don't have to worry about finance and all the associated holding expenses. I am looking for somebody who may be able to share their own experiences with a similarly styled deal or be able to recommend a solicitor that would be familiar with the concept and would be able to draw up the agreement with all the relevant inclusions. 

    Yes, these sorts of agreements can be drawn up – what state ill you buy in? Approx $2k for a tailored JV agreement.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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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 only consolidate a loan if you  have equity.

    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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    mortgage free debt free – by the title of that they would want you to pay PI!

    IO loans are good as it will save you tax until you can pay off non deductible debt. If you are paying down an investment property then this is money which could have gone to paying off your home loan which is non deductible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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Viewing 20 posts - 2,141 through 2,160 (of 16,319 total)