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Does the trust have $50,000? If so it can lend you.
If not, then how could it pay you? It could borrow but if you are the person behind the trust and cannot borrow then your trust probably cannot either.
Opening a company on top won't formalise things! I thnk you are mixed up a bit here. You might be talking about establishing a company to act as trustee – but if your trust has already been set up and it already owns land then this is no simple matter. First, you will have to establish if stamp duty will be payable on the transfer of title and then you will have to actually transfer title to the land. This will also entail getting new loans if the land is used as security.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Now work out on a yield of X% what level of property you need to hold.
eg. at 10% pa yield you would need $200,000/0.1 = $2,000,000 in unencumbered property.
At $500,000 per property you would need 4 properties.
Thats the easy bit, now you have to work out how to acheive it. It might mean buying 8 properties now and then selling 4 in 10 years when the have doubled and using the proceeds to pay off the loans.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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This is a complex Q. It may be possible to convert future profits into income at present – but since trusts cannot retail income it would be to be distributed – but I guess it could be done as loan account.
You need a good tax advisor for this.
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
You will need to read your contract to see what you agreed to do. Its generally too late to change things now, but you could have negotiated around this by requesting a longer settlement period once the plan was registered. Wet carpets is likely to be a minor defect and probably wouldn't delay settlement.
What does your lawyer say?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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BrianN wrote:To Terryw: given that we have 120K to redraw from current loan, can it add up with 175K deductible loan? Is there any way at all to fully claim interest on 440K?
To Richard: is there any stamp duty in NSW if I buy the other half from my wife? In term of asset protection, I would say I need only a valid Will or do I have to set up the trust?
Cheers
If you borrow the $120,000 from redraw the interest will only be deductible if this is used for investment/business.
In NSW there would be stamp duty payable if you bought your wife's interest in the property. What do you mean about asset protection?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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http://www.lawyersrealestate.com.au/
Not sure if they do other than conveyancing though.
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
surfsup008 wrote:Hi Terry,Thanks for your info.
The way I see it is the partner has money but no experience and wants to get into the market and I have experience (albeit not a huge amount), so I see it that we can help each other out. Again I guess the issue which I raised earlier is what price does ones experience equate to?
You mention a unit trust. Is this because it would protect both of our assets should things go wrong?
Surely there must be a way for this to work for both parties? It does seem like it would be hard to implement but surely its possible?
With a unit trust this clearly separates percentage ownership. So you could have 60 units and him 40 etc. You can also do with your units as you please – such as have them held by your discretionary trust. You could transfer some later to other people without having to change the title deeds on the property etc.
One advantage in addition is that often one partner will want to get out of the deal after a whle for various reasons. This is much easier to do with a company owning the property as trustee for the unit trust. The one getting out just sells their units to the remaining person or to another person.
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
Thanks. Sounds very promising then. I have a good friend in Regensberg.
What is the capital gains over there like in general?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It could be possible.
But not without LMI or a similar risk fee like on the ING products.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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WOuld it be possible for the non German background foreigner to own land in their own name and to get finance there?
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They wouldn't lend on end value. Generally it would be based on the fixed price building contract.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Lets keep the numbers simple.
eg. $1.000,000 property (proeprty 1). $500,000 loan (loan 1). PPOR.
You inherit $100,000 and put it into the loan, thinking, I will save interest and take it out later for my new PPOR.
Your loan drops to $400,000.
A year later you decide to go and buy a new PPOR and will rent the old one.
You want to use the $100,000 as deposit for the new one. So take it out of the loan.The new balance on loan 1 is $500,000
Only $400,000 of loan 1 relates to the purchase of property 1. So the interest on the $400,000 would be deductible when this property is rented out.
The $100,000 redrawn is new borrowings and the purpose it was borrowed for is the new PPOR. Therefore it is a private expense and the interest will not be deductible.
If you have mixed these in one big loan of $500,000 then, generally, only 4/5 of the interest will be deductible.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I don't understand that sorry.
There is no way to make that $10k deductible.
If your loan is $325,000 (including $10,000 redraw which is from extra payments) and you are moving out and into a new place, then the interest on the $320,000 should be deductuble (providing you had never redrawn from this loan).
You can then set up a new separate loan for say $20,000. This $20,000 could be used towards the new PPOR, but the interest would not be deductible because it is private purpose borrowings.
You could then get a separate loan for the PPOR with another lender or same lender. If you have other cash and/or use the $20,000 loan then you would not have to cross collateralise the loans.
(PS. this is why you should never pay down a loan and why an IO with offset can work out better).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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removing from a loan = withdrawing = new borrowings
So, yes. It doesn't matter when you withdraw it, it is the purpose that determines deductibility.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Yes.
Taking money from a loan, including a redraw , is new borrowings.
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
Correct, but where is your money now?
If you are withdrawing from a loan this will be new borrowings and the interest on this portion will only be deductible if it is used for investment purposes.
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
Broker would likely get a new upfront commission from the new lender. This could be the motivation.
Watch out for withdrawing money from the loan as if it goes towards the new PPOR then the interest won't be deductible and you will have mixed 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
Also problems in getting finance if owner builder
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
Possibly wouldn't include interest unless you didn't claim it along the way. Also incl buying and selling costs, commissions for agents, advertising for sale, legals etc
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
normbay wrote:I think the guys at Acceptance Finance would give you a better idea than the Forum on this question. Bear in mind that the tax-deductibility of the debt follows the purpose of the debt – so what is the purpose of debt financing for your offset account? If that's to reduce your personal interest cost, then it probably is not deductible. Accountant will tell you how they would treat the different options you are looking at. (from the Mortgage Mincer)Yeah right!
Nice first post
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