Forum Replies Created
My answers are the same as Jamie about.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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wilko1 wrote:I mean just if you had the option from the beginning.why pay principal and interest and have to worry about your usage/risk of withdrawn money from the loan.
Just pay interest only with a offset account and pay principle payments into there.
Yep, that wil greatly assist as no extra payments will have been made with the cash available in the offset instead of in the loan as would happen wiht a PI loan
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I refer my clients to http://www.houseofwealth.com.au in Sydney and Melbourne. I also do legal work for a lot of their clients.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
wilko1 wrote:thats why you set up a offset account isnt it ? so you dont effect the loan balanceDifferent situation really.
Offset is for storing spare cash from savings an income.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Bergerson33 wrote:Thanks for the reply.Would lawyer costs go close to the money I'm going to lose anyway or would it be relativly cheap?
Probably $300 to review the contract and write a letter for you (not my area, best to find someone local)
After posting I read the rest of the thread and see RIchard had already said similar to me.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Bergerson33 wrote:Hi,My partner and myself had a property investment company come to our home and took us through the general basics of property investment, they then organised to have us go to their office in the city for an obligation free meeting to see if we would be financially able to invest in property
I attended a meeting with the company in Melbourne last week, I believe I may have made a terrible mistake.
My partner and myself attended a 4 hour meeting where 2 guys went over our financial situation. They then proceeded to tell us about their company, what they do and show us things we can claim on tax etc.
Then they took us through what they could do for us by sourcing out a few properties (only new properties and only within 15km's of the CBD) and will get back to us in a few weeks once they have sourced out properties. They said the properties would be in low vacancy rate areas, then go to town planning to see if any major developments are happening in the area.
Once they have done that they take us out to the properties and we select one, they then handle the conveyancing (not the mortgage brokeing, or at least that hasn't been mentioned yet). They then cover landlord insurance for the first year. They also gave advise on our other finances like consolidating credit cards, car loans etc.
Now here's where it gets embarrassing for me.
At the end of this meeting, they asked us if we wanted to join and they would get straight to work. My partner and myself were quite excited by the whole thing so we agreed to sign up. The cost to sign up was $1000 up front and then another payment of $4000 in 45 days which they said we could claim on tax and could also have that amount put in to the loan when we purchase the home.
After reading the contract we both signed up.
Initially on reading the contract I took the understanding that the $1000 was just a deposit and if we walked out on the deal that we would lose that. But after reading over it again it looks as though we have to pay the remaining sum regardless of whether we go through with anything.
After reading the contract over a few times I started to get a little nervous, so I Googled 'property investment companies' and 'property investment scams'.
For 3 days straight I have been reading over scams, what to look out for, property companies selling houses for well over their value to increase commisions etc.
Fair to say I haven't slept properly for 3 days, please understand I know I may have made a terrible mistake which will cost me a fair sum of money and I have learnt a massive lesson.
What I want to ask is,
What do I do from here?
Are any of these companies not dodgy?
Should I go and look at the homes they selected, choose one, then get it independantly valuated before commiting to buy?
If it actually is a decent price, do we go ahead?
If it is over priced do we cut our losses at 5K and run?
Should we cut our losses now and run?
Sorry for all the questions and thanks in advance for any help, I just don't know what to do. I would name the company but I don't know the legal side of naming companies on forums.
Thanks again
You could not claim that expense as a deduction as it relates to the future purchase of a property. At best it would only be claimable off the capital gains when the property is sold. at worse it will not be deductible at all.
This contract you have entered into may have a cooling off period. I would suggest you quickly get legal advice and then immediately write to them (and keep records) saying you with to withdraw from the contract.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It need not be fixed each account could be variable or fixed, each could be IO or PI etc doesn't matter as long as the accounts are separate.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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No. Not exactly.
You can always withdraw from a loan. But this is treated as new borrowings. So the interest on this new loan will only be deductible if you use the funds for investment or business purposes.
If you withdraw for private expenses you will create further problems as the loan will become mixed purpose and you will have to apportion the interest each year.
Best thing to do is to split the loan into 2 accounts that way you can clearly distinguish the 2
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Meggyb7 wrote:Hi Blockey, thanks for this information. I'm looking at setting up the right structure, I will be buying properties to renovate and either sell or hold. I currently have a family trust with a company trustee and a separate 'trading' company which is registered for GST. I know that the structure will depend on my personal circumstances but wanted thoughts from those who have already been doing this as a business to get some insider knowledge (which I don't have yet!). I really appreciate all the comments I'm getting as it really helps with my own thoughts about the best structure. Thanks again everyone, really appreciate your help!You could possibly use the existing non trading trust. But you should consider the terms of the deed, who plays what roles, existing assets of the trust (potentially exposed) and the strucutre of the trustee company – constitution, shareholders, directors, shareholder agreements,
Also succession of appointor on your death or incapacity, including legal incapacity same with the company.
However, using a fixed unit trust may be worth looking at. Later on you will have the option of transferring the units to a SMSF, being paid cash for the units and usin the funds to pay off any non deductible debts. Once in the SMSF and you are over 55 the income and CG from the property could be totally exempt from tax.
Also refinancing principal means you could borrow for non deductible items and have the interest claimable.
Stamp duty on transfer nil or lower than transferring title.
Many advantages of a unit trust. You can even achieve asset protection by having the units owned by a properly drafted discretionary trust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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GST generally only payable on new property. You have to consider if this would result in the property being classed as new – check the GST Act – New Tax System……..Act
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Asset protection first – you wouldn't want to lose that $200k
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Write them a letter and enclose a copy of your valuation. Should be fine.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The law is study is assessible at market rates. You can challenge the assessment with proof of market rate. Did you get a valuation done?
This has nothing to do with loans so if you want to refinance you will still have to convince the valuer of the new bank that your house is worth much more than you paid for it. Not easy.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If you want asset protection then you should look at using discretioanry trusts and superannuation as your investment vehicles.
But it is not just the type of trust that is important but how it is structured and how it is used. Getting it wrong or messing things up can result in litigation and or loss of assets.
See this recent NSW case involving a discretionary trust – things got a bit messy and a grab was made for the trust assets
Lewis v Condon [2013] NSWCA 204
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investec wrote:i just get confused a bit …..check it out… does it matter really that your IP is negatively geared or has zero gearing (ie rent equals loan repayments) as the tenant (other people 's money) is paying the loan anyways…. and even at the end if hold for lets say 10years and then sell even at the same price as you bought… you still will make money as most of it was paid by the tenant….are we just being greedy here???!!!!!! INVESTECIf the property doesn’t make any income and you sell it after 10 years for the same amount you had paid for it then you would have lost money – and opportunity to invest elsewhere.
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To set up as a MB will cost you around $5k to $10k. You then have to find customers!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Harmony25 wrote:My major concern is employment, what happens if one of us loses job.?In that case you have to plan for it. What would happen cashflow wise for example – hopefully a rented property wouldn’t be costing you much money per week. How easy would it be for either of you to find a new job, how long would it take for example.
I have a friend with one unencumbered investment property and a main residence at 80% LVR, yet he is terrified of ‘risk’. He won’t invest at all. He only ended up with a new main residence because of moving interstate for work.
I also know people who are buying their 5th property on 90% LVR loans. Much more risky yet they don’t worry (openly any).
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Harmony25 wrote:My situation is as followsPPOR. Valuation 630k. Loan 360k
IP. Valuation 400k. Loan (separate, different bank) 300k yield 5.15%Combined income gross $190k pa
My question is is it wise to invest in another IP? We are in the late 40s and a bit concerned taking on further debt.
Please share your thoughts.
Thank you
JoeIt may be wise to invest if you think you can make money. You appear to have plenty of income and equity, enough to do some more investing.
What concerns you about taking on more debt?
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I would suggest you be careful if buying a small studio under 45-50sq m, Harder to get finance means harder to sell which could restrict growth.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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How are you going to park the $90k?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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