Forum Replies Created
Stay clear of brokers selling properties off the plan!
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
Damage not so bad – you have just tied up $20k thats all. If you have no cash and need $20k, for example, you would have to borrow it and then the interest on that would be 7% pa or whatever your loan rate is = so about $1400 pa in interest. So essentially, if you were to buy a place to live in you would have $1400 pa less in tax deductions each year.
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
hang on – you cannot just redraw money. If you do that you will end up with a mxied purpose loan.
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 recomend IO loans with no extra repayments but putting all cash into an offset account.
Never pay down investment debt while you do not have a main residence – otherwise you would have to borrow more to buy one = bigger non deductible debt.
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
yes it is dangerous for the average client out there. most would be none the wiser
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
he he good one Richard
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
The stamp duty on each transfer would have to be at market rates ie on market value. Also. Cgt or income tax would be at market value.
In Nsw you. An generally only get owner builder license once every 5 years. However if you were a builder then no need for the license as you would have a builders licence
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
This is an australian investing site.
Same or very similar principles would apply though
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
Is this in Australia?
Sounds like you mean:
1. Create a company as trustee and legal owner of the property, and
2. the company will act as trustee for 3 separate trusts. 1 for each family.I would not recommend this because. Setting up a company is cheap so you might was well have a separate company for each trust.
You need to worry about control of the company. 2 families could control the trustee and disadvantage the 3rd family. There will also be deaths and divorces possibly and control could pass to others outside the family.
If there is one company then all members would have to guarantee all loans too. Bad for asset protection and bad for serviceability.
The only positive point is you will only have one asic fee each year which will save you about $220 pa per company.
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
The most important thing is the trust too – this may have to be in existance before signing contracts.
Changing company name can be done cheaper by going direct to ASIC but this needs to be done quick and before settlement as it would be a hassle to change the name on the title of the land and the mortgage etc after settlement.
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
Before you go any further you should get some good legal advice as there could be asset protection and tax strategies you could utilise.
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
“borrow that loan” is not good English either
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 unsure ask the clause to be amended to ‘fully aproved’
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
You can't really borrow of a contract for an apartment off the plan.
I thought you were meaning something like:
A buys the land and A signs a contract with B Pty Ltd to build but with the director and owner of B pty ltd being A. This would probably be treated as owner builder. Doesn't mean you cannot get finance but it will be a bit harder. This is because you are basically building your own house.If C was the director of B Pty Ltd then it may not be an issue.
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
There are many ways to protect yourself and you need legal advice.
Some things to consider – make sure you have:
documented loan agreements for any money lent or owing
up to date comprehensive wills
avoid dating the same person twice
caveats for any property you have an interest in but are not on title 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
What state are the properties in? You would need to at least consider a trust if you are approaching the land tax threshold.
You also need to protect your own interest if your brother were to go bankrupt, die or divorce.
In addition you need to plan things to reduce personal liabiity and assist borrowing power.
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
Many brokers have similar arrangements these days.
Claw back of commissions exist for up to 3 years on some products – this means if you sell or refinance within the claw back period then the broker may have to repay all or part of the commission they received. And that means they could not get paid – or even lose money on the deal.
Many brokers also charge an upfront fee to clients of between $500 and $2000 for residential deals.Some don't but charge you a fee if you don't go ahead with the loan after they go to the trouble of getting an approval,
You have to decide if your broker is worth paying a fee to.
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
Pat007 wrote:Another option to consider to keep initial costs low and minimise finance borrowed against your family home is this.Only buy / finance the block of land, get plans drafted and approved by council. Then sell based on the plan, i have heard that banks will lend up to 80% on the value of a signed contract ? (please let me know if this is accurate Richard)
That loan can sit in an offset account that you can draw on as the building progresses, should minimise the costs of borrowing.
well that's the basic theory, although if we have any experienced developers around they may have another angle on this.
Sign both sides of the contract? Builder and client?
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
Do you have another job? Or can you provide 2 years financials?
You may also want to get a LOC over the existing equity now. Then get 80% based on land value and just construct using the LOC – if enough.
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
You should really go and see a broker. Because if you own a company you will be considered self employed. If your company is contracting to build your house then they will probably see this as owner builder.
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