Forum Replies Created
Only you can decide if you can afford it. It would depend on your risk tolerance levels!
Terryw
Discover Home Loans
North Sydney
[email protected]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 it is the document number of the certificate of title, then you can get a copy of the mortgage document to find out the original amount lend. (I did this last week in Sydney re an investigation into a family law matter). But it won’t tell you how uch is currently owing and you cannot get that from the lender for privacy reasons. Cost is about $10 and you could probably do it online too.
Terryw
Discover Home Loans
North Sydney
[email protected]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 consideration is different to deposit. There would be no requirement to put down anything at all if the vendor could agree to that.And it would still be a valid contract. Consideration is the promise to pay the full price.
Terryw
Discover Home Loans
North Sydney
[email protected]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
1) I think that having a guarrantor for a loan in which you put down a 10% deposit like this is rare. Maybe it was done to save LMI fees?
2) you could have even put down a 5% deposit without your wife or other property being utilised. Using your other property ties things up unnecessarily and using your wife adds risk unnecessarily.
3) It will affect your future borrowings. You could not go to CBA etc while ANZ has a mortgage over your house.
A better way to have done this may have been to setup a LOC against your home, and take the deposit from this for the new home. Keeping them totally separate – avoiding cross collateralisation.
4. If you wish to sell your home, you will need to apply for a release of security. This basically means ANZ has to let you remove the home as security for the investment property. It should not be a problem if prices are going up, if they drop, ANZ may require you to pay money off the investment property loan for them to release the home.
Terryw
Discover Home Loans
North Sydney
[email protected]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 may have to borrow you money and to then on lend it to your company for the company to claim the deducitons. It should be OK, but you may need a written loan agreement to back it up in case of an audit.
Don’t wory too much about the small default, these are mostly ignored if you have a good reason.
Terryw
Discover Home Loans
North Sydney
[email protected]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
It should work as a way to claim extra deductions early on and to save tax. But you may lose the CGT exemption and it may end up costing you more than you save in the long run, if not done properly.
Terryw
Discover Home Loans
North Sydney
[email protected]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 banks will lend you, or the trust money as it will have the investment property owned by the trust as security. It will be just like a person buying their first house.
If you are going to be buying property with no growth, then the only way to keep on going is to keep on coming up with deposits from savings. Generally the more properties you buy, the higher the deposit needed.
Terryw
Discover Home Loans
North Sydney
[email protected]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 Carlin
That sounds strange. A super fund is really just a trust. The trustee can be a company of individuals as with a discretionary trust. The same trustee could possibly be used with both your discretionary trust and the super trust, but a super trust could not be a trustee of a trust.
I don’t think there is any way of getting money out of a superfund once you put it in there, other than selling something to the trust. And there are various rules governing this.
So this sounds rather strange, if not interesting!
Terryw
Discover Home Loans
North Sydney
[email protected]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 beleive there is no GST on established buildings, just new, so PR1 should be GST exempt. Since you lived in it as your main residence, you could probably claim a CGT exemption on PR1 too – unless you are claiming another place suring the time you were living there.
A good place to start your research is:
http://www.bantacs.com.au
There are a few articles on this topic available in PDF format.Terryw
Discover Home Loans
North Sydney
[email protected]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 wonder why he just didn’t get the AFS licence?
Terryw
Discover Home Loans
North Sydney
[email protected]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 it is a bit more complicated in SA. You need to speak to a Lawyer who knows this area as some LOs if not structured properly could turn out to be classed as installment contracts and you could fall foul of the law.
Terryw
Discover Home Loans
North Sydney
[email protected]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
That makes it hard for us NSWers! we have this stamp duty and the Vendor Tax. No wonder not many people are investing in NSW.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Rather than a company, look at discretionary trusts instead.
Terryw
Discover Home Loans
North Sydney
[email protected]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 are out there, you just have to look.
Just this week I heard of someone who just purchased and is getting a 19% yield (in outer Sydney).
Terryw
Discover Home Loans
North Sydney
[email protected]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 loans out there which do not require genuine savings. These are usually 90% LVR, but I think there are a few at 95%.
Keep in mind that it doesn’t have ot be cash savings, it could be shares, or managed funds etc too.
Terryw
Discover Home Loans
North Sydney
[email protected]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 Cata:He broke his back doing a seminar in sydney.
The info is still flowing as per normal.Cata, how did break his back? Is he alright now?
Terryw
Discover Home Loans
North Sydney
[email protected]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
From an interest calculation angle, and offset and a LOC will be exactly the same.
But from other angles they will be different.
eg. by using an IO loan with an offset (as suggested by Steven) you would not be paying down the loan, but would be saving interest as if you were paying the loan down by the amount deposite into the offset. This may help if you were to move properties as you could just take your money out of the offset, leaving the loan balance the same and use this money for you new property. This would mean the interest deductions on your remaining loan would be high, resulting in tax advantages.
LOCs also have higher interest rates, usually, and often have fees attached.
I personally have both, but only use the LOC for business/investment purposes. All my day to day income goes into the offset account.
Terryw
Discover Home Loans
North Sydney
[email protected]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 Jen
These should keep your busy:
Freehills Lawyers
http://www.freehills.com.au/tax_2772.aspMoores Legal
http://www.mooreslegal.com.au/expertise_notforprofit.htmBrett Davies Lawyers
http://www.taxlawyers.com.au/manuals/Charity.htmPhilanthropy Australia
http://www.philanthropy.org.au/advocacy/draft.htmCharitable Fundraising in NSW
http://www.dgr.nsw.gov.au/HTML/CHARITIES/charities_fundraising.htmlTerryw
Discover Home Loans
North Sydney
[email protected]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 settle on the property or lose your deposit and risk being sued.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Allan
I think you should probably fight for your fair share of things, but that will come later.
My parents were divorced when I was young. My dad married another divorcese with 3 children,set up a new home etc, and then he was killed in a accident (nearly 20 years ago). Before he died they talked about this topic and it was decided that if either died, the house etc would go to the other spouse and then when the other spouse died all would be equally divided between her children (3) and his (2).
His will left everything to her. She also received an insurance payout of a couple of hundered thousand. The house was almost paid off at the time of death, so she bought a new car and went on a new holiday, then found a new boyfriend. She eventually signed over half the house to him, and then they sold it a few years later – possibly to avoid any being left to me and my brother.
The trouble was there was no written agreement to backup there verbal agreement about the remaining spouse leaving everything to the children equally.
My suggestion would be to wait until your father dies. It would not be nice to be generationg these thoughts while he is still lying there. Wait to see what is in the will and then to seek legal advice. You should gather eidence – witness names etc and this will would probably be able to be over turned.
But that would probably mean most would go to his surviving wife. you may be able to put in a claim and get something.
Terryw
Discover Home Loans
North Sydney
[email protected]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