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Hi again
It would probably be best just to pay the $300 and switch to IO. You may even be able to talk them into waiving this. This just keeping the same amount in the offset , should result in no interest payable.
Putting money in and taking it out again can have tax implications too – if it is an investment.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I think it is better to ask, which is better high growth or high cashflow?
Positve cashflow is always better. There is no sense in losing $1 tax claim back 50c, unless there is growth.
In my opinion, I think it is better to go for high growth property. Cashflow positive property is good, but a $20 per week cashflow is no good if the property is still worth the same in 10 years time.
High growth properties are usually in the cities -with rather low rents, and cashflow properties are usually in the smaller country towns -with much smaller gains. But you can get high growth property that is cashflow positive.
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
‘Different income tax structure’ is a bit vague. I wonder what he meant?
Terryw
Discover Home Loans
North Sydney
[email protected]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
I think what Chris Batten is getting at is for you to structure your purchase of property that gives you the great flexibility in tax minimisation and asset protection. If you use a unit trust and discretionary trust strucuture it gives the added benefit of allowing you to transfer a property to your SMSF without paying stamp duty or CGT. You may not ever do it, but you never know, so best not to purchase in a way that poisions this idea.
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 in some states, (VIC) you are required to use PI loans on installment contracts.
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
Firstly, never beleive an agent@!
And secondly, if you are goign for a 14 days settlement, I hope you are paying cash. It would be very hard for a ‘normal’ bank to have the finance ready in time.
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
Chris
You probably shouldn’t be using a company that is trading to hold assets. What is your ACN (is that accounting?) business has trouble witha client and is sued? You could lose all properties. And I hope you are using a trust as well.
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’ve seen a recent example where $10,000 in land tax was simply reduced to $5000 by splitting a trust up into two trusts with one property each.
Since Land tax is incremental, the more you own in one name, the higher the percentage you pay.
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
Jason
You have jumbled things up. If you parents have a property and withdraw funds to loan you the money, they cannot simply claim the interest because it is an investment property. The ATO looks at the purose of the redraw.
What you need to do is have a loan contract drawn up, your parents draw money and lend it to you. they charge you the same interest as they are paying on their loan. They can then claim the interest as a tax deduction, but they will also be receiving income from you in the form of interest. This should balance out on their side. ie + – = 0.
Now you are paying interest, and if you are buying an investment property, you should be able to claim this interest. If you are buying a PPOR, you probably can’t, or maybe shouldn’t.
It doens’t really matter if it is a LOC or a 100% offset, or a redraw. In the end their interest will go up when they lend you the money. If the money was in a offset account, they wouldn’t be able to pass the interest deductions over to you, but they would be able to claim the extra themselves (and you could pay for this??). If a redraw or a LOC, they can easily make the deduction pass onto yourself.
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 may be possible to wrap, but the repayments would be much greater than the market rent on the place. But it can be done, and has been done in Sydney.
If it is on the market, you can offer the agents incentives to sell. eg, above $XX, they get an extra 2% commission etc.
Also, it is not clear from your post, what did you pay for it and what is it worth now – bank valuation. There is no use in selling at a great discount if you could simply borrow the extra equity and use that to invest in postive cashflow stuff.
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 some ways to buy without a deposit.
1) 100% finance. this is hard to qualify for and is often only for owner occupiers.
2) use equity in existing property
3) stack the contract and lie to the bank.
4) go for 95% loans with LMI capitalised to minimise cash outlay.
It generally doesn’t matter how good your deal is, or how good the rental yield is, you will usually require one of the above methods.
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
Sounds alright to me. I would much rather a good IP in Marrickville than in whoop whoop. The figures you quote, are they before tax, PI loan with extra payments? If you just change it to interest only and put all extra payments into a 100% offset account, this should ease cashflow.
You would have had good gains over the last few years and it would be asham to sell it, just to buy another property or 2. CGT is a killer. What about just borrowing against the equity and buying positively geared property or 2 which will help offset the loss – if there actually is one.
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
On the weekend i found an old pamphlet from about 1995 advertising a 10 year fixed rate at 9.95% with colonial bank. imagine if you had taken that.
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
ANZ is good with 95% loans (with the LMI added on top). They do multiple 95% loans, even on investment properties – I obtained 6 myself at 95%.
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, i think you could negotiate anything. But, if for whatever reason you can’t or don’t settle, then the renovations belong to the owner.
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
great location in my opinion.
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
Its true that trusts don’t pay tax (normally), but the beneficiaries do on the distributed income!
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
Seems to be heavlily in their favour (of course). I think borrowing 105% will give them a 40% share of any capital gain.
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 Would still use a trust with corporate trustee. You owuld still wan the flexibility of distributions even if you cannot get the CGT discount.
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 there
I have done a few lease options like this and have come tot he conclusion that I shouldn’t have!
1) I think to make it worthwhile for yourself, you should base the rent on PI payments on the strike price less the option fee. ie about $393 per week. adjusted quarterly in line with the CPI. This does not always work for properties in areas of low rental yields.
2) yes, 2 to 3% would be good (for you)
3) I think 6 years is too long. But after the end of the lease, the tenant would have to either:
a) buy the property
b) move out and lose everything they have paid.
c) renew the lease, with a new rent and new stirke price based on market values at that time. Make sure you have the right to decide if you want to renew or not, and charge a new option fee.4) yep if they back out, all option fees, extra rent etc are not refunded. unless you want to of course.
From what I have seen, giving up a potentially large capital gain for a small weekly profit is not worth it.
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