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  • Profile photo of TerrywTerryw
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    @terryw
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    Sounds like the bank is selling it. They are not going to want to get involved in any vendor finance arrangement or an option.

    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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    Just take it into the LTO and they will register it. It remains in force unless revoked, or is contingent on something.

    If it had been revoked then it would be an offense for the attorney to use it and there would be civil penalties and perhaps criminal.

    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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    bb2000 wrote:
    thanks shahin ill just wait till my credit file is 100% CLEARED and then ill start investing in property, in the mean time i might invest in a business.

    It may take 7 years until your credit file is cleared, but having entered bankruptcy will always haunt you.

    I would suggest you not hold back, but just plan things carefully.

    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
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    @terryw
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    theycallmeBruce wrote:
    Ralph yes very important to get good legal advice to structure your portfolio, and that I would imagine would be best done 1 on 1

    Terry, just added 'uses a lawyer' for Active Investor and.. I went to your website, saw your qualifications it looks like you're a Broker, Accountant and Lawyer and can speak Japanese?? That's quite a CV you got there !

    theycallmeBruce – I recall watching that movie when I was young.

    I am actually not an accountant, but a CTA, chartered tax advisor (and lawyer and mortgage broker and financial planner soon). Also a qualified interpreter, but am getting rusty.

    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
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    @terryw
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    princesshayleyk wrote:
    Great Advice above guys, I appreciate it.  Would you suggest looking in to the Trust option ASAP?  We have only been in business 7 weeks but it's looking rather promising and we already have plans to expand in the next few months.  I have no dramas in spending the money up front if it means saving money and hassle down the track…

    For a business this is a no brainer. Use a trust with a corporate trustee. But since you have already started there will be a few issues which you need advice on.

    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
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    Jessicahsm wrote:
    Hi, I have been told to setup a family trust due better (Asset protection, legal Tax minimization as profits distributed to trustees and borrowing capacity as I am thinking to buy more than 4 properties) however i am the only citizen who lives here and all my family lives in overseas and are not Australian citizen, Could someone please point me in the right direction? Many thanks in advance

    You need to seek better advice.

    Trust will not assist in borrowing capacity.

    Distributing to non residents is ok, but will result in higher taxes being paid. (citizenship is largely irrelevant, tax residence is what counts).

    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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    mba422 wrote:
    Terry, after all holding costs are paid, each week the property pays me a passive income of $20 per week.

    Are you wanting to know if this helps serviceability or hinders it?

    It would probably hinder because:

    1. Banks assess loans at a higher interest rate, and/or

    2. Banks take into account x% of the rent, often 80%

    But, it would be much better for serviceability than if it was a negative $20 per week.

    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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    Yes, you can borrow to buy shares and have the loan secured by the shares – often referred to as a margin loan.

    Don't know about bonds – it could be done, but I don't know if it happens.

    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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    Is your situation covered by a residential tenancy act? It may pay to check into this first. See also the tenants union in your state.

    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
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    mba422 wrote:
    Jamie, say for example I purchase an IP which after all costs nets me $20 per week before tax considerations @ 80% LVR, is this the best possible result from a serviceability perspective.

    Cheers

    Matt

    Matt, what do you mean? $21 per week net would be better than $20.

    For serviceablity the more income you have the more you can service. The less loans you have the more you can service.

    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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    bb2000 wrote:
    Hi all.

    ive just recently been dischared bankrupt, long story on how it happened maybe for another time.

    ok im currently making 100k a year now `and would love to learn how to brake this bankrupt cycle, i clearly understand that i have no way in hell on getting a loan from a bank no matter how much i earn or save.

    was wondering if i started a family trust account or maybe a company to buy invertment properties..

    could this be done?

    i have saved 100k in the past 4 years.

    any help would be great.

    Many lenders including banks lend to discharged bankrupts.

    It may still be difficult though. You could use a trust, but the person behind the trust is assessed and if that is you then it won't make much difference. You will need a clean history person.

    There are also other implications to buying in trusts 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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    Most lawyers don't even charge that much!

    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
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    PropertyGuts wrote:
    Shukri is in Chatswood, he sets up trusts

    http://www.propertytaxspecialists.com.au

    What does he charge?

    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
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    Terryw wrote:
    Ralph Z wrote:
    Hi Terry:

     I talked to my accountant friend, he told me that I should set up a corporate trust to get tax benefit and also protect my asset in case it has gone bad.  

      Cheers

    i would advise you to get some proper advice. This is only half the story. Not e en half

    Sorry i was typing on the phone when I wrote this. This website is very hard to post on.

    I meant to say that which structure you use is only half the story – or not even half.

    for example, Imagine if you set up your trust so that it is water tight and then you transfer a house you personally own to it for undermarket value = virtually no asset protection.

    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
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    KeithMewes wrote:
    I'm not an expert and cannot offer advice but my understanding is to always keep the business and any IPs completely separate. Some even recommend that the business be split as well, such as if you have plant & equipment this is owned by a trust and leased to the business. I personally will be buying IPs in a discretionary trust with a non-trading corporate trustee. 

    I understand that the idea is to put as much distance between you and any assets, liabilities, etc and just benefit as a beneficiary. This is for asset protection as well as litigation protection.

    But as I said, I am not qualified to give advice, this is just what I have picked up along the way and you MUST consult with qualified people such as accountants and solicitors. But make sure they know what they are talking about (always a tricky one to ensure).

    keith

    That is generally the way to go Keith. But it is also important how the trust is set up and how deals are structure, who guarantees what, what is used as security etc too.

    When talking about asset protection people are usually talking about keeping assets from creditors in the event of bankruptcy. Other things to consider are family succession plans and family law issues.

    Imagine you having spend thousands on legal advice and having a great asset protection plan in place and then your spouse dies leaving you the house – or one of/ both of your parents.

    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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    Ralph Z wrote:
    Hi Terry:

     I talked to my accountant friend, he told me that I should set up a corporate trust to get tax benefit and also protect my asset in case it has gone bad.  

      Cheers

    i would advise you to get some proper advice. This is only half the story. Not e en half

    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
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    @terryw
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    First thing to do is to get some legal advice. Especially with that much cash. You need asset protection and structure set up and loan agreements etc.

    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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    cmoore0708 wrote:
    Sorry not a property accountant, but an accountant familiar or helpful with residential property investing.

    And I'm still a bit confused then by the differences between trustee and beneficiaries. Could we not both be trustees and beneficiaries? 

    Thanks

    A lawyer may be more appropriate.

    A trustee is a person (including company) that holds the assets for the beneficiaries.

    You would be both trustee and beneficiary (but not sole beneficiary), but there could be stamp duty implications if your deed is worded a certain way.

    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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    1. This will depend on a lot of factors.

    2. Yes. expensive and time consuming and you will greatly weaken any asset protection.

    3. Trustee probably shouldn't be beneficiaries – depending on the wording of the deed. Any distribution made is taxed in the hands of the recipients, including the trustees personally. If the income isn't distributed the trustees will pay tax on it at top marginal rates.

    4. Why do you want a property accountant?

    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
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    Geddo wrote:
    We would be in a position to buy in around 10-12 months, but this would get us into a house earlier, and potentially save us some money (if my sums are correct)

    After reading some articles on this site, I noticed some investors prefer to rent their PPOR rather than buy and live in it as the expenses aren't tax deductible if you live in it. I guess this concept seems to defy my initial logic, as I was always told to pay your house off as quick as possible, and "rent money is dead money". I just want to make sure this really is the best option.

    Expenses aren't deductible if you live in the house. But neither are they deductible if you rent somewhere else – you still have to pay rent and this is not deductible.

    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

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