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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Anna, Good idea, but if ratherbfishin has been declined for credit, he may not be able to get this appoved.

    Under the UCCC (Uniform Consumer Credit Code – for your PPOR), you can approach your lender and tell them you have a temporary problem due to your employer not paying etc. They may be able to give you breathing space by increasing your loan term, or giving you a repayment holiday.

    What about just buying cheap second hand appliances just to finish the place and getting someone in renting it. Then you can buy property appliances later when back on your feet.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Tell her to be careful and to watch out for high interest rates and high charges. Most brokers would be able to set up something similar for free with possibly a lower interest rate. This sounds like it is a line of credit type loan, and the rates for these start at around 6.72% (thats after the 0.25% rise), depending on loan size.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    John

    Nope, unless the loan was in your personal name, I don’t think you can. The trust is a separate entity and losses can’t be transferred.

    But talk to your accountant who may have some ideas. Its not such a large loss, so don’t worry too much.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    You should probably look a getting one property in your name, see how you go and then if you intend to keep going, set up a trust at that stage.

    Trusts are cheap to setup. from $137!

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Hard to finance and hard to sell, with no capital growth over a long period (generally). Unilodge?

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Just be careful, these are usually hard to finance and hard to sell and can have management problems.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Hi Renee

    80% of your property price is $252,000. It may have gone up since Dec, but probably not much.

    That means you have about $12,000 equity which you can use without going through mortgage insurance. So if you were able to use your property as additional security, then your boy friend could buy a property up to about $60,000 – if he had money for costs.

    If the property is worth more than you paid for it, or you are willing to pay LMI you can go much higher.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Trusts cannot distribute losses. Even Hybrids can’t do this. Also none of the above expenses would be claimable against your own income. The trust would be able to claim them against its income. I don’t know about travelling costs though.

    With a hyrbid, only the interest expenses would possibly be claimable against your peronal income.

    Terryw
    Discover Home Loans
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Ed Burton does seem to charge a lot for his trusts.

    Terryw
    Discover Home Loans
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    I have done two refinances. The first went through ok, with the lender and mortgage insurer treating it as a normal refinance. A few months later I tried again, with the same lender, but the mortgage insurer (PMI) had changed their opinion on wraps and would not treat it as a refinance. They would only lend based on contract – depsite around 2 years passing since they signed it and values having increase dramatically. In the end, i couldn’t get them finance. They ended up going to another broker who aparently did up a dummy contract at a higher amount that got them through.

    This was about 2 years ago and things may have changed.

    Terryw
    Discover Home Loans
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    I imagine it will be very hard for a temp visa holder to get finance especially for a construction project with a major lender – (but I am only guessing a I haven’t looked into this).

    There are small funders that will fund on end value, gross realisation lending. The LVRs are usally around 65% with interest rates of around 12%pa. These lenders probably wouldn’t care too much about your visa status as long as you had FIRB approval.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    A lot of people interstate even use Dale Gatherum Goss who is located in Melbourne. It is best to use someone who specialises in Hybrids as some accountants are not worth their money.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Ed Burton is offering a free DVD and CD etc on trusts at the moment. One of my clients has given me a copy, not sure where you can get them, but it would be worthwhile looking at even if you do not use his services.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    $200 per year should do it, plus maybe extra per property, CGT etc. If you have a company, then annual ASIC fees etc about $350 extra. A Hybrid may be a bit more complicated, and hence cost more.

    Good luck with it.

    Terryw
    Discover Home Loans
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Off the top of my head, have you tried Latrobe? They probably couldn’t go that high though.

    Can you let me know who could do 70% – it might come in handy?

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I have used Goldmine (not sure of the version) and don’t really like it much. There are various filed you can add etc, but don’t know if it could do financial type reports.

    We are now using a web based software called Symmetry which can be integrated with MS Outlook and can handle financial details of clients and borrowing capacities etc.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Hi

    I am no lawyer either,

    I think from the bank’s point of view, the money has been lend to buy the property, not the units. So there is no mortgage or security over the units.

    If the unit holder goes bankrupt, and if the units are seized by creditors, then the trustee would still have the discretion on where to distribute the income. If the unit holder is trustee, then they would resign as soon as they knew they were in touble, and a new trustee would be appointed.

    Also, I suppose a discretionary trust could hold the units, but this would prevent the offsetting of interest against personal income.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Hi Zen

    I’m not sure I understand what you are saying.

    With a hybrid trust, you borrow money to buy units in the trust. Since you are borrowing the interest will be able to be offset against your own income.

    With a discretionary trust, the interest will be claimable by the trust only. The trust, or trustee, is borrowing to buy the property. If after expenses are deducted from the rental income, there is a loss. This loss must stay in the trust, and cannot be offset against personal income.

    you said “borrow against a trust”. If the trust has an unencumbered asset, then it may be possible for you, the trustee, to borrow against this (if the trust lets you) and the interest for this loan could be offset against other personal income if the loan was used to buy an investment property.

    If you are in the top tax bracket, then a trust may still be a good idea, for asset protection reasons, succession reasons and tax reasons.
    eg. You could use a hybrid trust, offset the interest from your personal income and have the profits distributed to a company which you own and would only pay 30% tax – assuming you had no other beneficiaries.

    Maybe you should check with another accountant just in case.

    Terryw
    Discover Home Loans
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    you would need a specialist lender for this. What sort of LVR are you looking for? Maybe 60% would be possible.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    I beleive being in the same industry is OK, but if you are on a probation period, then they won’t accept that. Either way it would be risky going uncondition in a situation like this.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 13,721 through 13,740 (of 16,319 total)