Forum Replies Created
Terry
There are private type lenders out there who will lend up to 70% LVR without many restrictions, rates are a bit higher (starting around 8%). You can also go up to about 80% LVR using a second mortgage – high rates. They are mainly interested in the securtiy, and may not even check your CRAA.
Terryw
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Kay
i agree with Pisces above. It is hard to say exactly what the limits are because it varies between lenders so much, and even with the one lender, it still varies lot.
As a guide, the two mortgage insurers have a limit of $800,000 and $750,000 each. So about $1.5 million in total is possible by using both. That is one reason to be careful when using low doc loans. Some are mortgage insured, behind the scenes, and you may not know they are eating into your limits.
Terryw
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North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Good points. I think that was written by the Julia who posts here occaisionally.
Having a 100% offset account linked to the IP can have the same effect as a LOC, but usually with a cheaper interest rate. This keeps the monies separate so no decrease in the investment loan occurs when money is deposited in the account – but it still saves you interest.
So you should have no problems with ATO in this regard.Terryw
Discover Home Loans
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[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
You had better talk to an account about transferring you business to a trust as there would be capital gains issues.
But I would think one way would be for teh trust to hold the shares in company.
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 companies are forwned upon is mainly because companies do not get the 50% CGT exemption which individuals and trusts get after holding the property for 12 months or more. This can amount to hundereds of thousands of $$$$$
Trusts also have tax advantages and asset protection advantages.
Look into getting a trust.
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
you could use part of the $100,000 as deposits for further property. Get 95% LVR loans if possible (esp while you are still working) as this would leave you with some cash. That is the only way to get both property and business.
Once you stop you job and start a business it will be hard to get a loan. banks want to see 2 years history, and a good income (of course!). Even with low docs, the banks will want to see you holding an ABN for 2 years before they will lend. There are however, some lenders which may not have this requirement.
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
Julian
With the first trust I set up, I had both me and the wife as trustees. I didn’t realise at the time, but buying in two names or two trustees giving guarrantees severly limits your borrowing capacity. So I have set up some more, one each. I also have a unit trust for some joint investments, with the unit holder being my discretionary trust.
It is also an idea to keep your business and properties in a different trust, just in case.
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
For the $275 trust deeds, please have a look at
http://www.LawCentral.com.auThey also have a lot of good general info.
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 you can only claim in proportion of ownership.
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
Who cares about an 11sec solution when you have tripled the value in 8 months! Welldone.
Terryw
Discover Home Loans
North Sydney
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PeterG
I have a few trusts, but generally just use a discretionary Trust (ie family trust) with individual trustees.
The trustee purchases assets on behalf of the beneficiaries of the trust. Just think of opening a bank account for a child. They ‘own’ the money, but you manage it for them. it is just like that.
The benefits are asset protection (as you don’t own the trust assets) and tax reduction, by enabling the income to be distributed to the lowest tax payers (amoung the beneficiaries).
Setting up a company as trustee is not necessary, but adds to the safety of the structure.
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 would have done things differently.
It seems you have cross securitised the IP loan with your existing home, and your wife is going guarrantor to your IP loan as she is part owner of one of the securities.
A safer and more flexible way to do it would be to withdraw funds on the existing loan (eg loan increase, redraw or LOC), and then get a separate loan (without the wife) on the new IP. This limits your exposure and is easier to get further loans.
I would also have used a trust. In fact, if you talk to a solicitor, it may still be possible to slip a trust in to this deal.
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 depends on what assets/investments your Trusts hold. My accountant charges about $100 for the trust return and then about $100 per property, extra per shares and capitals gains and business etc.
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
Not much happens. I know a few people like this. maybe when you eventually lodge you could write a letter to the ATO with a nice reason.
Terryw
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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
There will be a time when banks will say no more, but shopping around should let you keep going. some banks get worried when you are too rent reliant. I once asked a lender to define rent reliant, and was told if the client needed the rent to service the loan, then they are rent reliant!!!
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
James is correct. some (unscrupulus?) people change the spelling in their names slightly. It helps if you have a space in your name or a hyphen.
Also some banks do not do a cra check if under a certain lvr.
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 was keen on cashflow positive properties, but my ideas have changed and would now only go for growth. Any cashflow would be a bonus.
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 have friends that purchased a few housing commission houses in Sydney a few years ago. The recently sold them, one with a $150,000 capital gain and the other a $69,000 gain (in about 12 months).
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 agree that the first one is the hardest. It is harder to qualify for the finance and it is harder because you don’t really know what you are doing.
But it sounds like you have planned well as this property may also be CGT free if you sell within 6 years.
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 may be a good idea to sell the IP and pay off bad debt. Have you factored in capital gains tax?
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



