Forum Replies Created
I agree that you should not buy appreciating assets in a company name. But if you wish to, then the loan applicaiton is almost the same as getting the loan in your own name, except you will be guarranteeing the loan (or the directors of the company will). So the lender will want to know everything about you – assets and liabilities and income and expenses etc.
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 personally like to have my loans with different banks (using 4 different banks at the moment), but if you have all loans with the one lender, you have more ammunition when negotiating deals with them. But then if their lending policy suddenly changes, you may have to go elsewhere for the next one – which is easy if you have a LOC setup for deposits.
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
Commercial deals are usually around 75% LVR, soemtime you can get 80%. I ahve never heard of anything over 80% LVR, but I do not specialise in this area, so may be wrong.
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
It is very easy to get the loan when using a trust. In fact it is vritually the same as when applying for a loan in individual name. The only difference is the bank will want personal guarrantees from the trustee and/or unit holders and will want to see a copy of the trust deed.
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
The Guru is correct, you can’t actually get the hybrid online at the site I mentioned. There is another site that offers these, but I have heard they are not very well prepared. So if you are after a hybrid, it is better to go to Dale GG for these, or someone else
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 Ahmed (and Mel)
I suspected this was the case. Actually there are not many lenders that will go to 90% LVR on low doc loans. GE is one of the very few.
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 am not an accountant, but would think it won’t really matter. One of you will be director of the company, which is not trading. If the trustee is sued, it would be the company at risk. the trustee could then be dismissed by the appointer and new one appointed. so the trust assets would be safe. Now the director of the trustee company may be able to be sued personally if they have made some bad decisions, so their personal assets may be at risk.
But the director getting sued for other reasons probably will not impact on the trust assets. the trustee company will not own anything and even if this company can be attacked by creditors, the appointer of the trust can just appoint a new trustee.
Please seek qualified advice.
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
AS it will be a different company, you can use whatever name you like. It may be better to use a completely different name as similar names may imply a relationship (people may dealing with the business may find out about the properties more easily).
Why is your accountant recommending a compnay strucuture? I would never use a company to hold an appreciating asset. Look into trusts as these are much better 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
hi
There are also tax considerations. It may be better to put down a larger deposit on your home as this will reduce you non deductible interest.
Is there any particular reason you are looking at GE?
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 costs from $275 to $2000 to set up a trust. You could do it online, or pay an accountant (who will do it online). Check out this one:
http://www.LawCentral.com.auTerryw
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 could find a valuer from the yellow pages, but one good company that we often use is Hodder Rook in North Sydney (tel (02) 9956 7611).
Have you considered getting a building inspection done too? They could probably give you some figures on costs for repairs too.
Both of these reports should help you negotiate with the vendor.
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
I suppose one of the biggest advantages is, if your family composition changes (eg wife, kids come along), then they will usually be beneficiaries of your trust. The deed is generally vague and lists yourself, and any spouse, children etc.
Another advantage is a company can also be a beneficiary. So if you make soem huge gains and would pay more than 30% tax by distributing it to yourself, then you could setup a company and distribute to that company which would pay 30% tax.
So you have great flexibility with Trusts.
I haven’t got a hybrid, but owuld imagine you can apply for a variation in your tax.
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
Back to the topic, Tony, did you find a lender?
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 you are selling your IP, then it is probably better to wait for it to be sold to access the money, otherwise it would get complicated.
BTW, you many not have to pay CGT at all, check with a good accountant.
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
Depending on the LVR, some banks will allow you go go into the red in their serviceability models – but not by much.
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
Don’t forget there are two mortgage insurers, so rates will differ. Also some banks add a little margin on for themselves, so rates may vary between banks. However you coud use the above PMI calculator as a guide.
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
Not all loans will appear on your credit file. As Pisces mentioned, soem private lenders will not make an entry and will not even care what you file looks like.
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 haven’t read all this post, but would like to say Chritians do not have a monopoly on morality.
Being wealthy is not a bad thing. It depends on what you do with the wealth.
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 what I have seen and experienced, I would forget postive cashlfow property unless you want to make $2000 or so. The real money is made from building. You may not neccessarily have to sell. renovations can often end up not making much money unless your handy.
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
Did you see that property investor on the front page of the Australian? She was pictured standing next to her mercedes and was quoted as owning 22 properties.
She is crazy. Going public like that will only cause problems. imagine if her tenants see her. they will think she is rich and maybe decide not to pay the rent. friends will see her and get jealous. The ATO will see her and maybe look into her earnings. She may even become a target for ‘baddies’. It is not very good to go public like that!
What do others think?
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