Forum Replies Created

Viewing 20 posts - 2,301 through 2,320 (of 16,319 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    1. You could do this a variety of ways, Joint Venture agreement is one. You or your entity contracting with owner of land.

    2. Yes, if there is a transfer in title

    3. this will be tricky as the land is owned by someone else. Likely that it will be messy.

    I am just advising on a vic JV right now.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    wilko1 wrote:
    When applying at another bank Re 10 plus years ago. Some banks didn't ask on their loan applications if you were guarantor of any other loans. So you were able to bypass them seeing you had given a guarantee previously. Closed loophole now. 

    "Is it still worthwhile setting up a company and trust still?"

    That's why you should should seek financial advice 1k plus in advice could cost you a lot less in the long run.

    Wilko, this was never a ‘loophole’. Many Lenders still don’t ask about other loans guarantees.

    A trust is a legal arrangement so financial planners cannot advise on trusts – or companies. This is legal advice which can only be given by a lawyer.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    tom123 wrote:
    hey gobi,

    you can go to the banks external dispute resolution scheme. which would either be..

    http://www.cosl.com.au

    http://www.fos.org.au

    hoped this helped.

    Tom, these organisations cannot assist as this is not a dispute between a lender and a borrower but a priority dispute over title to a property.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I bet you used a conveyancer?

    Mortgagee in possession? Who do you think would have priority?

    You maybe able to sue your conveyancer…

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    None of the above. The trustee of the fund is the borrower. The trustee may use a broker, but not an accountant unless they have a credit licence.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    jmsrachel wrote:
    Hi Hari17, I can recommend you Jamie from Pass go Loans. Currently using he's services and cannot fault him at all, and very prompt. He's based in Sydney and i am in Melbourne and i find it easy to email him documents required rather then having a broker come to my place.

    Joe, I think Jamie is in ACT isn’t he?

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    $50k is way too small an amount in my opinion. ASIC recommend $300,000 i think.

    1. Would probably be a breach of the rules.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    The power of compounding.

    Imagine if you could save an extra 0.1% off the loan and structure things so you can get an extra $5k pa in tax deductions and use the offset account.

    I see so many people who are costing themselves a fortune because of poor structuring.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Trusts can improve borrowing capacity in another way.

    e.g You own a house in your name. High growth and then you suffer a default – something innocent. You apply to a bank but they won’t allow you to access the equity. You wait 5 years to get back on track.

    or

    You are director of a trustee company which owns the property. as above you suffer a default. You resign as director and put in your spouse who has no defaults. Loan is approved because you are not involved in any guarantees or assessments (depends on how the trust is set up).

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    sydneyinn wrote:
    Thanks Terryw, I suppose it sounded too good to be true… is there any truth in what Steve has written about using Trusts to purchase properties?

    Is there any possible way to do what Steve is alluding to?

    Thanks.

    Yes. Have different people behind each trust. You may be behind one and then your spouse behind another. Needs careful planning.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Kade wrote:
    Its with her sister, we are getting her name on both so that we can use the equity.  

    That is good, but it will incur stamp duty, legals and a new loan. Also the sister will need to go on any loan to access the equity

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Ha ha – how can you rent to yourself?

    If you are separating as in a relationship breakdown then there are stamp duty exemptions so you may be able to acquire this property if full. If you sell and buy another then you would be up for stamp duty again. Factor this in.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    sydneyinn wrote:
    Hi there, I just finished reading "0 to 130" and Steve says:

    "The way to get around your borrowing limit is once the ABC Bank has said 'no more', create a new trust structure and approach a different bank…"

    i) Does this work?

    ii) Is this easy to do?

    iii) How much does it cost to start a trust?

    I currently have one investment property under my personal name (in Sydney), which is almost paid off, and would like to invest in more properties via this method if possible.

    Many thanks in advance.

    Hi

    I am a solicitor specialising in trusts and a mortgage broker as well.

    My answers:
    i) no
    ii) no
    iii) varies considerably. You could set one up yourself for free, or you could use a solicitor. I charge from $1100 to set up a trust with a consultation and written legal advice. You should seek specific legal advice as I have seen a lot of people stuff up trust set ups (including accountants) and this can cost a fortune to fix.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Kade wrote:
    Yeah currently paying down some debt.  My partner has a property which has 70k equity in it, but her name is not on the loan atm.  We will be rectifying that soon so that we can use half the equity to get ourselves an investment property.  I want to use a buyers advocate as i live in a mining town and its expensive to fly to check out places.

    Was thinking this leverage loan idea sounds like a good idea, was just after more info on it or well other perspectives. 

    If her name is not on the loan then it is probably not on the title – she is basically paying off a property owned by someone else. Take care.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    If you have non deductible debt you should pay this off first, so you set up a LOC on any property and borrow to pay investment expenses. It is pretty simple and straight forward

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Sounds like the standard strategy – see Jan somers books from 20 years ago.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes it could be done. This is what is called a 'wrap'. Title would remain in your name until they are able to get conventional finance and pay your out.

    Read your loan agreement though as you may need to get the lender's permission.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I can think of 2 lenders that would do a discharged bankrupt after 2 years – should be possible i think.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    jussin wrote:
    Hello all! i am seeking some advice or knowledge please. Currently i own a 50% share of a property with my mother who owns the other 50%. I am looking to take 100% of the title and another investor i spoke to a while ago mentioned that the government will sometimes waive if not minimise the amount of stamp duty payable on this sort of transfer due to the circumstances between family members. Does anyone have any knowledge on this sort of scenario or able to point m in the right direction to find out? Regards Justin

    Unlikely. This is a dutiable transaction with duty payable on the value of the property transferred. Duty would be payable in NSW.

    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
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Pay cash for the house and then borrow against it to buy the IP.

    Also consider asset protection strategy or 2.

    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 - 2,301 through 2,320 (of 16,319 total)