A deposit bond is just a guarrantee. You pay a fee and the bond compnay guarrantees that they will pay the vendor the amount promised if you do not settle. If they do that, then they are going to be chasing you for the amount they guarranteed.
The mortgage contract will specify what you have to do. eg with one of my ANZ mortgages it states:
“If anyone succeeds me as trustee of the trust, I will make sure that my successor executes whatever documents ANZ requires to ensure that this mortgage is binding on my successor”
If the loan is in the trust’s name and you are guarranteeing it, and you then set up a company with yourself as Director, you would still be guarranteeing the loan anyway. So there would not be much difference, but a few forms will need to be filled out.
not all low doc loans are mortgage insured, but banks are already hedging their risks by having lower LVRs and higher rates for these loans. I don’t think they have a higher default rate than the normal loans either. And it is not just people who do not have the income that use them. Many people just use them for conveniance too. If you are self employed with a few companies and trusts it is a real hassel providing all the tax returns etc
not all low doc loans are mortgage insured, but banks are already hedging their risks by having lower LVRs and higher rates for these loans. I don’t think they have a higher default rate than the normal loans either. And it is not just people who do not have the income that use them. Many people just use them for conveniance too. If you are self employed with a few companies and trusts it is a real hassel providing all the tax returns etc
I was just talking to a mate in a finance company and asked him about this. He said they would be able to do a second hand tv if the buyer and seller were companies. Maybe you could find one in a second hand shop and maybe your landlord has a corporate trustee??
I also looked at the figures, the interest rate on repayments of $130 per month over 5 yrs on $5000 works out to be 19% – which is fairly high!
I think a corporate trustee is ‘safer’ because if the trustee is ever sued, then the company has nothing, while the individual trustees personal assets could be exposed.
You can change trustees, but have to be careful you do not trigger a CGT event. If the beneficiaries are changed substantially, then the ATO can deem one trust to be closed and the other opened, so they treat this like a sale and therefore you could be up for CGT and stamp duty. So make sure you get expert advice.
Rubbachook (nice name), I think you don’t really lose the tax deductibility, but rather don’t get any extra, you should still be able to claim the interest on the original loan amount for the IP, but not, as C2 suggested, the increased amount as the purpose on increasing htis loan was to pay not business related debt. (gee that was a long sentance!)
Watch out as there might be a sunset clause in the contract which may allow the builder to back out of the contract if the building is not complete by certain date.
I am not too keen on selling properties, and bascially beleive in keeping them for the long term. If you sell you have tax and agents fees etc, and then more stamp duty on the one you buy to replace it. I prefer to keep and use the equity for further investing.
If you are going to be living in it, I would think it wise to consider using available funds to buy your house first and then borrowing on this for deposits for your IPs. this way you could decrease non deductible debt.
Not a wise move from a tax perspective as the interest would not be tax deductible. But if you could get clear title on your PPOR, they should give you peace of mind at least.
I beleive you can go to the local court and get a summons issued. For a small fee the sherrif can then serve the summons on the tenant and they have a few weeks to pay or dispute the matter. Then the sherriff can garnish their pay or seize goods to be sold. I think it works like that in NSW.
$5000 is a large amount and you shold chase them.
If you want you could put the matter in the hands of a debt collector. They will chase the debt for you and take a percentage as their fee.
see http://www.profcoll.com.au/fees.htm for one such company.
I agree with Phil and Annaw2 in that it would be better to pay down your PPOR mortgage first and then borrow the money back before you invest. You will be saving interest and increasing your tax dedcutions if you do.