Forum Replies Created
Becareful with submitting written offers. If your offer is accepted, you could be in a binding contract. This can happen whether you use a formal contract or the back of an envelope.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 probably have a binding contract if you have gone that far, so the ball is in your court.
I think you have the following options:
a) You can let me off without penalty, or b) let them off with an agreed amount or c) you can insist they settle as per the contract. If they fail to settle you can sue them for breaching the contract. You had better check with your solicitor. Not sure how much you could claim if suing but you should be able to at least claim for all the expenses incurred.Good luck and let us know what happens please.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 agree with Richard!
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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
Macquarie are good, but they are securitised lenders which means all over their loans are mortgage insured. even LVRs of 1%. Macquarie usually pay the LMI so the client may not realise.
If you wish or need to start using No Doc loans you have to plan ahead. Virtually all No Doc (and Low Doc) loans are mortgage insured, even the ones with the big banks. There are only 2 major LMI companies and they have restrictions on how much they will lend. They also have policies on not approving your No Doc loans if they know your income and you cannot service. eg. If you declare a $50,000 income with, say, Macquarie on a full doc loan application, then go to RAMS and try to get a No Doc loan, you don’t have to give your income details. But if you actually need $51,000 income to service, the RAMS mortgage insurer maybe the same as the one with Macquarie, and they will know your income and they will have to decline your loan because they know you cannot service.
So that is why I suggest using the big banks first where possible. Try to avoid LMI. Then when you hit the limit, start to use No/Low Doc loans. If you were to do this, start borrowing in one name only (not jointly with a partner). This will greatly improve your borrowing ability.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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
Originally posted by Mortgage Hunter:Originally posted by Dougiejg:Mortgage Hunter
What do you think the disadvantages might be?I can see a risk of disagreement between members down the track.
This could damage friendships.
Always a risk of losing money, but that is in any investing.
Certainly there is a great deal for us to learn, and that is scary in a way, but not really a disadvantage.I am trying to think of the downside, but that is all I have so far. That is why I put this post up – to get a dose of reality check to mix with my enthusiasm. So please tell me the negatives that you can think of.
APerry
I tried that link, but it says page not available. Thanks for your email as well.He is no fool who gives what he cannot keep to gain what he cannot lose. – Jim Elliot
Glad you are looking at both sides.
One area, and it was mentioned, is borrowing. If you all go on the loan together then you will all be responsible for the whole debt individually. An example might help here.
If five people borrow $500K for an IP.
Then you go to buy a home. Your lender will see you as already having a $500K debt. Not your $100K share but the whole debt. If all your four mates are unemployed then you will have to meet the repayments.
Please see a cluey accountant and look at more sophisticated ownership vehilcles. Will be more expensive but if something goes wrong it may save you a fortune.
I am personally not a fan of syndicates. I think a club where you pooled info but bought individually would be safer for you all.
Sorry to be a wet blanket [blush2]
Cheers,
Simon Macks
Residential and Commercial Finance Broker
[email protected]
0425 228 985Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.
And to make matters worse, if one of those five goes for a loan later on, one another property in just their name, the new lender will assess them on only their share of rental income for the syndicate property. ie total debt, but only 1/5 of the income.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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
Originally posted by Terryw:Originally posted by Bo_D_:hey kuade,
you might be better off having the “negatively geared property” in you name. You’ll be on a much higher tax rate. Means you’ll get to claim a bigger percentage on the deductions. (well thats my understanding of it anyway) and if it was a pos geared investment you’d want it in your wifes name as she’ll pay less tax on the money you make.
As for the tax calc. You’ve made a loss of $13 602 from the IP. So im guessing that’ll be your deduction mate. But it depends what percentage of the IP you own. Dont forget depreciation as well, its a good interest free loan in a way.
Bo, that may save a few hundred or maybe even thousand of dollars now, but could cost dearly later on.
I have a mate (just one[blush2]) that is earning $100K pa, while his wife doesn’t earn a cent. He bought a property in Perth 2 years ago, and put it in his name to save tax. He just sold it and has a $150,000 capital gain. But guess what, this all (after the discount) has to go to him. His poor old wife can get nothing, so he has to pay a fortune in extra tax.
At the time I advised him to look at using a hybrid trust. He didn’t listen! It could have saved him around $46,000 in tax!
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.And I should add, to make it even better, with a hybrid trust, my mate still could have claimed all the interest against his own income.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 person possibly suggested a LOC to enable paying interest on the investment with money from the LOC.
If you wish to extend your borrowing capacity as far as possible, I would be inclined to suggest you keep away from the likes of Macquarie for now. Try and stay with the major banks at 80% or less. Avoid the mortgage insurance companies altogether.
Try to borrow in single names rather than joint if possible. This will preserve and extend your No Doc borrowing capacity for later on if you hit your serviceability limit.
With fixed loans it is impossible to tell you in advance what the exit fees will be. It will depend on the rates at the time you exit. If the rates are higher, the bank will not lose out, so the exit will be low or possibly nil. This is because they can make more money by lending the money out at a higher rate after you pay back you loan.
But if rates have dropped, you could be up for highish exit fees, depending on how far the rates have dropped. So what you save on interest could all be eaten up. eg. I once sold a property that had a fixed loan, my exit fee was around $2000 on a $90,000 loan.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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
Originally posted by Bo_D_:hey kuade,
you might be better off having the “negatively geared property” in you name. You’ll be on a much higher tax rate. Means you’ll get to claim a bigger percentage on the deductions. (well thats my understanding of it anyway) and if it was a pos geared investment you’d want it in your wifes name as she’ll pay less tax on the money you make.
As for the tax calc. You’ve made a loss of $13 602 from the IP. So im guessing that’ll be your deduction mate. But it depends what percentage of the IP you own. Dont forget depreciation as well, its a good interest free loan in a way.
Bo, that may save a few hundred or maybe even thousand of dollars now, but could cost dearly later on.
I have a mate (just one[blush2]) that is earning $100K pa, while his wife doesn’t earn a cent. He bought a property in Perth 2 years ago, and put it in his name to save tax. He just sold it and has a $150,000 capital gain. But guess what, this all (after the discount) has to go to him. His poor old wife can get nothing, so he has to pay a fortune in extra tax.
At the time I advised him to look at using a hybrid trust. He didn’t listen! It could have saved him around $46,000 in tax!
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 noticed there is a full stop at the end. Try:
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 generally pay when complete, which may be years down the track.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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
Bluemist
It may be better long term to sell your existing property and buy a new one to live in. Just work out how much extra tax you would be paying, and interest on your new loan (if you will need one) and compare this to the selling costs (agents fees legals, stamp duty etc).
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 seen a few of these groups form over the years, and can’t remember one that has actually done anything. Doesn’t mean your’s won’t, but just be aware the more people you have the harder it is to agree. Then there is the fact that some will work harder than others, some will contribute more than others and some will resent this (and other things!).
You should probably use some sort of trust, but be wary of using all names in one hit. These may eat up serviceability quickly. It may be better to set up one trust per person and have it so that each person can be a beneficiary. Start with one at a time, maybe the person with the highest income for servicing.
go to http://www.lawcentral.com.au and have a look at their JV agreement for the joint purchase of property. You will need something like this drawn up from the beginning.
Hope this helps.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 could put it up for sale and sell before settlement. Hopefully you will even make a profit – but this wouldn’t be available until it settles.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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
Maybe we could all chip in and buy it?
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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
Life
I think it is up to around 45% LVR.
However, if a person had an ABN they could get a No Doc up to around 70-80% LVR at a cheaper rate too.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 Trajik
I don’t have any experience with lending for these, but heard of LVRs around 60% and commercial rates.
I am not very impressed with these sorts of investments because of the lower LVRs, higher rates, difficulty in selling and possibly high management fees.
If you borrowed to invest in one, you would probably only break even and be hoping for capital growth. So you have to factor in the opportunity cost – you could be investing elsewhere and your borrowing capacity would also be adversely affect too.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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, I’ve seen it.
From what I understand it is just capitalising the interest, or a portion of it. They may only ask you to pay x% in year 1, but you are still being charged the full rate with the portion not paid being added on top.
There are many loans out there that can do this, some up to 90% LVR. Investors Direct probably can’t go past 90% LVR either and the example on their page does not go over 80% LVR based on value – they had assumed 10% pa growth rate!
It looks like their underlying rate is 7.45% as well – based on their example and probably before the recent rate rise. Not a bad rate, but you could get lower.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 good old salesperson is not known to exaggerate!
I think they must have been talking about capitalising payments during construction. Which is possible, but you have to have the equity to do it. Sometimes it is possible, it just depends on the LVRs and your serviceability.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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
Originally posted by alotti:Thanks for the advice guys. I will let him know that we will not reimburse him for 3 reasons:
1. He made the connection before seeking approval.
2. He chose an expensive option (which he required for work).
3. He demanded the reimbursement instead of asking politely, I don’t deal well with people like this.Cheers, Lena
4. It is his expense, not your’s.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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 think the only extra tax you may have to pay is Land Tax – and this would depend on the value of the land component of your property.
If your rent is less than your costs, then you could negatively gear the property – ie claim the loss against other income. And you should also be able to claim depreciation.
It would be a good idea to get a depreciation schedule done and a valuation done as well, for CGT reasons. Maybe also run the scenario by your acountant for some other tips.
Terryw
Discover Home Loans
Parramatta
[email protected]
Sign up to my mailing list.
Just send me a blank email, with “subscribe†in subject line.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