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The Loc is a totally different loan product to a loan with an offset.
They are not the same and should be used in different circumstances.
Most investors would need to use both produxts at the same time.
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
They would look at the building works and the fixtures and fittings. There will be a value to all existing things such as stoves, hotwater systems etc and this may produce tax savings more than the cost of the report.
Some will tell you upfront if they think it is worth it. try BMT or Depreciator.
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
Adverse possession claims are pretty rare so there may not be many with direct experience.
Try to search for some cases and see who the lawyers were that were representing the parties
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
Sounds like you need to get some serious legal advice. But in the mean time look at unit trusts and companies.
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
HiJosh
The trouble is the transaction costs. The stamp duty etc and then more costs when they cash you out.
Also there are also many legal and tax complications.
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
With commercial the risks with tenants are higher than with residential so you would want to more carefully consider asset protection. Paying cash can be done, but would be more risky. A way to improve asset protection could be to pay cash indiretly by having a sepapate entity own the property to the entity that owns that cash – with a private loan agreement.
The owner would generally be a company – whether in its own right or as a trustee. Which one you use will depend on the situation inncluding the land tax issues for the state.
The next property after that should probably be a separate entity for various reasons including asset protection, land tax, etc
If you are going to have people buying in later you need to consider the stamp duty laws including landholder provisions.
You also need to consider the borrowing implications with banks – how to maximise borrowings and issues if transferring shares or units of a trust.
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
Hi Zen
If you were in the business of property – which would be rare – then you could claim these costs.
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
Zen again the answer is no. These expenses do not relate to the production of current income
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
Zen – no.
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 need an acccountant or a tax adviser (many confuse the two).
Try Darryl who posts on here as RPI.
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 only pay up to 12 months worth and claim it this year.
But you can only claim if you have incurred the expense. You would need to be invoiced from your insurer.
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
Property settlement costs – depends what you mean – capital costs likely
Bank loan costs, = borrowing costs deductible over 5 years (or life of loan if shorter)
Conveyancer costs, = capital cost
Buyers advocate fees…. = Capital costscapital costs are not deductible, but they can be used to reduce CGT when selling
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
Why ask a real estate agent?
You need specific legal advice on this – not from an accountant, but a lawyer. No financial advice needed as there are no financial products involved.
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 need specific legal advice on this.
You are a probably a non-resident for tax purposes. A company must have at least 1 resident director.
A foreign controlled trust may be taxed differently too.
And some states will impose more land tax.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
Bjoern I would never advise my clients to do that. What sort of rates did you fix at? Variable are generally lower than fixed atm.
What if you want to or need to move lenders?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
thats it Benny
I lent my one to a client year’s ago and he lost it so I only recently bought another one from ebay!
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 have that book by Renton. It doesn’t cover asset protection – just mentions it vaguely in less than 1 page.
if you want to see someone in Melb then try Allan Swan http://epeq.com.au/aswan.htm
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
Benny, I have that book.
It is called “own your Home year’s sooner without making extra repayments” by Gill and TherryIt is the best book that I have ever read on learning about the compounding of interest.
BUT the method described involves using LOCs and anyone implementing the ideas using a LOC would create a tax nightmare.
Fortunately the same ideas can be applied to using an offset account and thereby avoiding the tax issues.
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 possible.
But the negatives are:
– hurts serviceability by having a number of credit cards
– if you forget to pay on time or accidently pay less you will start paying penalty interest
– you will be paying PI and not IO
– tax deductibility issues as easy to accidently lose deductibility of interest.
– if you use the card you will be incurring interestI did this many years ago but paying $20k for a car using a cash advance (just went into bank and took out cash from CC). Then immediately did a 12 month balance transfer at 0% interest. I had credit cards with different banks so had to manually pay them by transferring money. After about 4 months I got a bit slack and forgot to pay on time. I copped a penalty charge and then large interest from then on – so I just paid it out.
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’m not sure if it’s a similar thing, but I always use Property A for equity (PPOR) and as I have three properties linked, the bank then links all four together so any and all of the equity can be used across the four. My bank does a master limit which puts them all together and you can sell within this bandwidth. For example, two of my loans were fixed and one wasn’t. I could sell the properties within the fixed period as long as the loans weren’t over the variable’s value. As the variable loan was higher, it covered selling any one of them. Check this is correct before you go with my advice, that was my understanding from my broker.Good luck :)
This is what they call cross collateralising securities – using more than 1 security for 1 loan. Very dangerous and should be avoided.
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