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It can be done in Vic and NSW on installment contracts. In QLD and Tas, it looks like they only get accees to the FHOG after living in the property for 12months.
Terryw
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I wouldn’t be so direct as Rob, but…
Terryw
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Thanks for your post Stu. I had no idea that could be done and will have to look into it.
Rob when buying things for the trust, you buy in the trustee’s name which is your own (if trustee). You then just get the loan in your name as well. So title is in your name and loan is in your name. Confusing the first time. I remember the first time I bought as property as trustee. I told my conveyancer I wanted it in the name of the trust, and couldn’t udnerstand it must be in the trustee’s name.
Terryw
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North Sydney
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I wonder how cnetrelink would look at a pensioner wrapping a proeprty. The ATO considers the sale to occur on exchange of contracts – even if paying in installments. You could lease option it off him also, but the rent would be over his threshold as well. a tough one.
Terryw
Discover Home Loans
North Sydney
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Yes you can pay interest a year in advance, and can claim it in the year you pay it. But remember you are just bring forward you deductions, and you may not have much to claim the following year – so watch out if you expect your salary to increase.
To claim in advance, you must know how much the interest will be, therefore you must fix the interest rate. You couldn’t have variable as repayments and interest could change in the middle of the year.
Terryw
Discover Home Loans
North Sydney
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From a wrap pack (steve’s or rick’s) or from a solicitor. or maybe from someone who has done one.
Try Solicitor Lewis O’Brien in Vic.
Terryw
Discover Home Loans
North Sydney
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Misty
You may have mixed things up a bit?
A lot of people rent while investing. ie they rent out their own home and negative gear it, saving tax. The rent they pay would not be a deduction though.
Is that what you meant?
Or if you a renting a business premisis, the rent would be a deduction. Some people run a business from a portion of their home and can therefore claim a portion of the rent.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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One idea is to:
Just import something from the country you want to go to. Something that will be easy to sell. eg Men’s black socks.Terryw
Discover Home Loans
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I would think it is exactly that same as selling yours and buying his – as that is what you are doing in essence.
Terryw
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Lucifer
Just remember, this guy signed a lease as director of the trustee company and then broke it mid term. when they sued, the trust had no assets so they have come after him. Usually a director/trustee would be required to provide a personal guarrantee. In this case it looks like he didn’t. But it is something deliberately done by the trustee. If there were accidents etc, then I am sure it would be different.
Also good trust deeds may help.
But I am not a lawyer, so don’t know what the hell I am talking about. Just bs-ing a bit!
Terryw
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I’ve heard that livestock (cows etc) can be depreciated too!
Terryw
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North Sydney
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Julian
I would use a trust and would imagine you only need an individual trustee. This is because you are only holding shares, and the trustee getting sued would be very rare. (Diff to property as the trustee could be sued if the tenant injures themselves etc). BUT check this with an accountant.
Terryw
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Julian
If the long is for investment or business purposes it is not regulated by the UCCC. ANd as far as I am aware, there is not itnerest rate ceiling imposed. You know the money is for investment by getting the customer to sign a declaration as to the purpose of the funds.
Terryw
Discover Home Loans
North Sydney
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The company is just the trustee of the trust, the trust is the ‘entity’ earning the money, but trusts do not get taxed. What happens is the trust deducts expenses and any profit left over is distributed to the beneficiaries – at the trustees discretion (if a discretioanry trust).
So in the above example, if $50,000 was left over after all expenses this would have to be distributed. If you do not have any beneficaries on low tax rates (generally any relative), then all this money would go ontop of your income and you would pay about $25,000 tax. In this case you could distribute the $50,000 to a company you have jsut setup and pay $15,000 tax (30%). But if you had 9 nephews and neices who were going to uni (ie adults) and not working, then you may pay no tax at all by distributing to them.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Rob
I have done a few loans thru bankwest for Hybrid trusts. I have also used one other lender – can’t remember who at the moment. Tonto will also do them, and many other I imagine.
Most lenders will also lend to the trustee. I have a few of my loans in my name without mentioning my trust.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I am unaware of any 100% loans available in company names, but if Rob has one then they must be available. Sometimes these may still not be ideal if they have high interest rates and/or fees.
Smooth. It sounds like your company is already trading. If so, you should not be buying a property in this company for asset protection reasons. Please talk to an advisor. I love trusts, but they may not be suitable in your case so get some advice.
Also with redrawing the equity, it doesn’t really matter how you get at it, whether thru a redraw or LOC, but generally LOCs have a higher interest rate. (ANZ and Macquarie have cheaper ones).
If not able to get a 100% loan, then one good way to fo it is to draw on your equity and to use this as deposits for this (and future) property. This keeps them all stand alone and not cross secuitised and will help if you plan to purchase many more.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Liz
yes brokers can get access through Baycorp (they also offer access of many other things, title searchs, ASIC director searches etc). But everytime you check, there will be another entry which doesn’t really look too good on the poor clients record. So it is better to get them to order their own.
Terryw
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North Sydney
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4 weeks is farily long. the norm is more like 14 days. The biggest delay can soemtimes be getting the valuation done. If tenanted, sometimes the tenants can hold up the valuer. It is better to go longer if you can.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Bigstrides
Are talking about a sandwich type wrap. ie you are the wrappe and then rent the property out?
I have thought about this and think it would be a good way to get unlimited low deposit finance. The only problem would be servicing the loans. It would be pretty hard for a proeprty to be postively geared on the higher interest rates, but is possible.
Another way around it is rewrapping it, or even using lease options and buying an option and then selling one at a higher rate with a higher rent.
Trusts are generally better than companies as they get the capital gains discounts and are more flexible. But you d not pay CGT on wraps, so it may not matter so much. Talk to an accountant that understand wraps.
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
It is extremely rare to get audited. I only know a few people that have ever been audited. And one worked for the tax office! The other was partially audited. ie they were asked to substantial certain expenses, but not questioned about others.
But like Jeff above, he was audited a second year in a row. They must think peole let their guard down after one audit, not expecting ever to be hit again.
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