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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes, def IO.

    I would try not to use the offset money if you can, try to borrow the lot and then move your cash with you to the second property's offset account to offset the interest while you are living there. Set up a LOC on the first one if you have the equity. And use this as deposit on the second avoiding cross colalteralising the two.

    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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    You could do that. Claim half the costs or based on floor area. Part of the furniture may be depreciated too.

    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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    mkbonline wrote:
    Firstly I must say this forum has great place for newbie like myself and it has some great property investment gurus !!

    Inspired by Steve’s book 0-130 properties, I am planning to pursue collecting +ve cashflow properties and then at some later stage buy debt free commercial property, to become financially free in 8-10 years time. I am currently 32.

    I own a PPOR and house and loan on my name.My family includes myself,spouse and 8 month bub.

    My Current financial state is as follows

    Before Tax Income = 130K (myself) + 100k (spouse) [permanent jobs]

    Loan Balance = 120K

    Savings in Offset Account = 50K

    Equity = 340K (current value of the property) – 120K (amount owing on its mortgage) = 220K

    Need advise on following

    1) Setup family trust and company – Since we both are in high tax bracket, I am planning to set up a company and distribute 100% of investment property income to the company as a trust beneficiary. Am I thinking in right direction? Keeping in mind that I have to buy may 8 or 10+ properties to become financially free and would need loan, should I become trustee or setup a 2nd company and make it trustee (I being the director of the company)

    2) Deposit Money – Should I use money in offset account or house equity as deposit for my first IP? Adv and Disadvantage of each option? Can I buy IP on trust name using house equity(house is on my name not trust)

    3) Location – I am in located in Sydney West. I am aware of advantages of buying regional property but don't have confidence/knowledge on regional areas. Any tip on which regional areas should I focus on? like in NSW lower hunter valley area?

    Looking forward for your advise and help.

    You need to see a lawyer to set up the structure for asset protection and a tax advisor for the tax side.
    1. Using a trust can be a good idea. Factor in non offsetting of losses against personal income and land tax – 1.6% every year in NSW. How you structure the trust is very important for borrowing, asset protection and tax. Who plays which roles is important. Succession on death or incapacity is very important. Same with the company trustee (never have individual unless only buying shares).

    Using a bucket company is good. But what happens to the money in that company? If it is paid out as a dividend then people on the top tax bracket will end up paying more tax. If it is left in the company can it be lent back to the trust? Need to consider Div 7a need loan agreements in place and charging of interest – will Div 7a even apply?

    2. don’t use money in an offset account. You will be wasting tax deductions.
    How will you get the money from you to the trust – gift, or loan? What would be the terms of the loan, how is this documented etc are all important.

    3. Don’t buy inferior regional property with no capital gain prospects.

    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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    There is aparently a newish building in Sydney which was set up as Company title with one of the reasons being that a shareholder cannot just sell to anyone. Any new purchaser must be approved by a committee of other shareholders. This way they can control who buys into the buidling.

    In NSW there would be stamp duty on the transfer. However, stamp duty is due to be abolished on the transfer of shares in private companys from July 1 this year (may not happen).

    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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    Derek wrote:
    Not sure where Terry is up to with this sort of stuff.

    Last time I looked he was off learning a foreign language and learning how to pole dance but his posts reflect a comprehensive understanding of structures. I reckon he would be worth a PM at the very least.

    PS – hope that didn't do irreparable damage to your reputation Terry laugh

    Hi Derek, thanks for the mention. I am a lawyer, tax advisor, finance broker and qualified fin planner (but not practicing yet). Also interpreter in Japanese – but a bit rusty now. Given up pole dancing as I am too heavy now.

    I can advise on all aspects of setting up structures and asset protection. But not taking new clients for another month while I set up my new law firm, FinLaw…

    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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    Homemade wrote:
    I am considering investments for positive cash flow outcomes in regional centres where yields are high and vacancy is low. I know growth won’t be there, but something that can return $2-3k a year with “nothin down” in the equation, brick and aluminium windows (low maintenance) etc can’t be such a bad idea?. Stawell is looking OK with crocodile mining suggesting they “may” go to open pit at the mine in town now.

    Any thoughts or advice?

    My thoughts – bad idea.

    What is the point in investing without growth. The biggest problem is that this eats into serviceabilty reducing borrowing capacity and uses up deposits which could be better used elsewhere.

    Have you factored in costs related to borrowing the stamp duty etc. Repairs? – every 8 years replacing the hotwater service, every x years replacing the carpet etc.

    What about rate rises?

    Without growth there is absolutely no point in investing. What about shares instead? Some good high yielding shares would achieve a better result. You also get franking credits.

    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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    Very hard to get a loan increase to 95%

    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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    The first valuation, was that before you signed the contract?

    Once you pay for something that largely determines the valuation. So getting it for so low would mean it is really only 'worth' that much.

    Did this valuer provide comparable sales?

    Banks can only use valuations if the valuer is on their list and the valuer has been instructed by the bank. Speak to a broker who may be able to use a bank that allows upfront vals such as ANZ or Homeside.

    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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    The superfund can get the usual tax breaks. Any loss can be used to reduce hte tax paid by the fund, albeit just 15%. This could mean you fund may not have to pay income tax which can assist in stretching things further.

    Once you have found a property and paid the 20% deposit the thing should almost fund itself. You can then use the offset account to accumulate more funds such as the compulsory 9% SG put in by your employer. This will save even more interest and allow you to build up a deposit for the next one quicker.

    Or you could get one property and then invest in shares with 100% franked dividends. This would be very tax effective if the fund had $0 taxable income as the franking credits would mean the fund would get a lot of tax back.

    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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    AndyY wrote:
    Hi guys,

    Thanks again with all those comments. I finally settled last Friday. I went to used Adelaide Bank this time.

    That was closed, Next time I have to be careful when purchasing off the plan property.

    Good luck everyone! 

     

    Close call!

    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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    The risk is two fold

    1. Council could order it to be removed

    2.  It could be unsafe – injury potential

    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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    If your house is worth $420,000 and if you own 50/50 you would have to pay her $210,000 for her share (50%). Borrow $210,000 to do this. Transfer at full market value so you can claim the interest on the loan. Your new loan would be something like $120,000  (your share of the existing loan) plus $210,000 = $330,000 which is 78% LVR.

    CGT needs to be considered – wife may be exempt if this was the main residence.

    Stamp duty. Generally on the value transfrred unless hte property is in VIC where this may be nil.

    Doing this would release about $210,000 in cash into your wife's hands which could be used to pay down the loan on hte new property. Extra interest claimed each year would be about $210,000 x 6% = $14,400

    If you sold the house outright you would get $240,00 in your hands after paying out the loan.

    This would mean you have another $240,000 which could reduce your new PPOR loan. A loan of $240,000 less would save you about $14,400 per year. in interest.

    But you also have to crunch the numbers on buying your wife's share and then property via negative gearing.

    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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    You are not required to live in the property again.

    s

    ee s118-145 ITAA 1997.

    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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    If you have funds to build and parents have then why not just enter into a JV agreement and slit the profits accordingly.

    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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    If you want to start your own thread go to the section you are interested in such as

    https://www.propertyinvesting.com/forums/general-property

    And then click "post new forum topic".

    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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    fantomas wrote:
    sorry to ask a stupid question but can someone tell me how i can do my 1st post? i have been looking for 20 minutes here and am frustrated

    You’ve just done it!

    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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    roboproperty wrote:
    Set up a Discretionary Trust. It will be in no ones name, but under a company that doesn't trade. You both can be listed as beneficiaries. It's a little complicated to explain but some accountants can set it up. Definitely worth a look at.

    Consider the land tax, loss of negative gearing benefits etc too.

    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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    Jac, don't know if adverse possession could apply in this case. The person must be in possession of the land for 10-15 years (varies state to state. 10 years in NSW I think) to the exclusion of others. This doesn't appear to be a fence out of alingment but just a fence that will be extended. Any aplication for adverse possession would be complex and very costly.

    What could work is to apply for an easement. There is an implied easement which allows the back garage to be accessed. It sounds like all the information was in the contract and the survey, but it wasn't something that stood out.

    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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    minds-eye wrote:
    My next question would be – can I still treat this property as my "Main residence" if I rent it out and purchase another property to live in?

    Possibly, but you can only claim one property at any time as a main residence (except 6 months overlap when selling).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Don't forget stamp duty in ACT may be deductible against income as the land is lease hold.

    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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