Forum Replies Created
Probably the cheaper course would be better – its not rocket science and big savings there.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Depends on what you mean by structure/. Brokers can advise on the credit side and lawyers on the legal side – asset protection, taxation, succession issues etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Not my cup of tea
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Are you for real?
How long is your piece of string.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I would say that for the average person 10 properties in 12 months is NOT possible. One, two or a few maybe possible if the person has substantial equity. The most that I have seen, recently post GFC, is 6 over 2 years.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Jude13 wrote:Hi everyone. I'm new to your great forum. I'm finding it hard to get my head around equity. I have read that banks treat it just like cash. If so does this amount get deducted from the loan amount or do the banks just lend against it and treat it as security. My wife and I want to buy our first IP. Our current position is PPOR $400,000. Current loan $150,000. Our combined income is $80,000. We have one dependant child. Looking at kicking off our portfolio in a regional area for positive cashflow around the $200,000 mark to start with. It would be much appreciated if someone could explain this to me in very simple terms. ThanksDo you really think regional property will be a good investment, even if positive cashflow?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Banks will only lend if they can take a mortgage over the property. If there are 2 people on title then both must go on the mortgage/guarantee otherwise the bank will have trouble recovering the property if you default.
Although second mortgages are possible you will not find a lender that would allow what you are proposing. There will need to be one loan with both names at the same bank, or 2 loans with both names – then you can work out an arrangement where 1 person treats loan 1 as their portion etc, or 2 loans one in each name with the other person guaranteeing it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Would be good – but has this 'goodness' been factored into what they are asking already?
watch out for aggregation of stamp duty – not stamp duty on each but on all 3 combined which will be much more.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I would think the value of the building and land would be based on just that – the land value and then a figure for teh building based on the bricks and mortor excluding the business and fittings.
Valuation of the business would including fittings and good will.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
cs_rlewis wrote:I called up the bank whom my loan was with and they said I needed to pay off my loans if I decide to sell my property basically because that was the security that the loans used.True from the bank’s point of view, but depending on your situation you may be able to keep investment loans alive (and deductible) by refinancing these with other loans.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Sure, they would allow you, but would it be deductible? No.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I would be willing to do this in exchange for an upfront brokerage fee. However the administrative burden of transferring the trail each month to the client's account would be high, so my upfront fee would need to be higher.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I think it you should take an approach where you consider some of the many aspects:
1. Asset protection
a. From potential creditors
b. Family law type issues
c. Losing control of the trust
2. Taxation of income
3. Taxation of CG
4. Stamp duty
5. Land tax
6. Lending issues
7. Succession issues
Factor in the costs for legal advice, loans, tax advise, ASIC fees (if applicable), amending trust deeds down the track etc
From financial pov just draw up a spreadsheet and work out the differences in cashflow between owning in your own name v owning as a trustee.
Also you haven't even considered where to put a unit trust in there too – this could create further opportunites for some tax strategies and also the ability to transfer the units to a SMSF in the future.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Wouldn't it make much sense if all the stamp duty and land tax laws across australia were unified. It wastes so much time having to consider the different laws in each state like this!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
mola wrote:Yes my loan has been approved and it is all because of Jamie Moore who was nothing short of amazing.He was able to negotiate an extension on my cooling off period and had the loan approved in record time, unconditionally approved after the first broker from Aussie got the application knocked back, while all along managing to reassure me and dealing with my endless number of hysteric phone calls. He kept both me and the agent informed through every step which made me more relaxed than I have been for a long time. Sorry to rumble on. It is just that I am so excited and that it seems too good to be true.
Thank you so much Jamie Moore. I will be eternally grateful.
Thank you so much jmsrachel for recommending Jamie.
That is great. It is like the difference between eating mcdonalds and fine dning!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
nicki_ wrote:Terryw wrote:nicki_ wrote:Terryw wrote:I know nothing of your situation so can't answer.I think thats been the point of all the information in my OP.
Limited information.
Well I wouldn't call it nothing.
Thanks for your limited input.
Can't say it was useful. Wasn't asking for much, just to come to a property investing forum and post for ideas and suggestions re. putting a property in a trust or in my name. My guess is people don't know much about it themselves, hence why the responses have been lees than helpful.
You seem to misunderstand trusts. Not as simple as you think maybe.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
nicki_ wrote:Terryw wrote:I know nothing of your situation so can't answer.I think thats been the point of all the information in my OP.
Limited information.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
nicki_ wrote:I don't plan on staying there long term but I do plan on keeping it long term as an investment. So based on that would you think the trust is the way to go?I know nothing of your situation so can’t answer.
If you are only going to be there short term you may still be able to take advantage of your main residence absence provisions (s118-145) to keep it tax free after you move out for up to 6 years.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If property 2 is owned by a trustee then you won’t get the CGT main residence exemption which you otherwise could. This is potentially a lot to give up.
Not sure of the land tax situation in SA – but you could have land tax issues in the future too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Did you meet the lawyer or speak to that set up the trust? It would probably be valid, but is it effective? What about the asset protection issues with default beneficiaries? You may be approaching the stage of having a properietary interest in the trust the way it is structured.
That ruling is from 1985. There has been a whole new tax act enacted since then ITAA 1997. I suggest that it could be possible to rent from a trust you control and have the trust claim the deductions – you need to seek specific tax advice on the situation.
Have you appointed the successor appointor? What happens if you don't? I have seen cases where the public trustee becomes appoiintor of a family trust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au