Forum Replies Created
There are no secrets really. Just techniques and strategies which you can learn on these types of forums. The good seminars can give you all of these served up to you over 2 days. They are also good places to meet like minded people and really motivate you.
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
Mel
The gain is just added onto your taxable income. In your example, your income would go to $75,000 and you would pay tax on this amount.
There is a booklet available for download from the ATO webiste or a paper copy can be sent if you call them up.
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
Steven
I am not sure I understand what you are saying. being a beneficiary of a discretion trust or a hybrid trust is no guarrantee of income. It is up to the trustee’s discretion. But since personal guarrantees are involved, you would personally be responsible for the loan. Therefore you must inform future lenders about your guarrantees.
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
Steven
I am not sure I understand what you are saying. being a beneficiary of a discretion trust or a hybrid trust is no guarrantee of income. It is up to the trustee’s discretion. But since personal guarrantees are involved, you would personally be responsible for the loan. Therefore you must inform future lenders about your guarrantees.
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
Rolf
I agree with you on Westpac. Their service levels are excellent at the moment with quick approvals and good repsonse rates to brokers. Can’t say the same about ANZ though. And Westpac has one of the best serviceability models.
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
Steve
So you are saying that trusts can save you tax. but it makes no difference in serviceability if you borrow through a trust or not because personal guarrantees need to be given. Infact it may even hinder serviceability by using a trust because you, as trustee, would be responsible for the loan, but may not receive any income from the asset as a distribution as the income would go to the benficiaries on the lowest taxable 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
I don’t know anything about NZ, but what about just buying them in his name only from teh start. if he is your brother, you can probably trust him, so just get them in his name, with the loan in his name and you will be lending him 20% and taking a 20% share of the property-all behind the scenes. Saves on legal costs, stamp duty, capital gains tax etc when you sell to him. Also keeps you debt free, increasing your servicebaility.
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
use a credit card as deposit, or borrow the 20% deposit from someone, maybe? This could do until you can access that equity in 3 weeks?
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
Speak to a solicitor that knows that area ASAP to protect yourselfeven if you have to pay a bit for it. If she was your girlfriend for more than 6 months then there may be some substance in her claim.
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
Luckily cross coll can easily be undone after some growth. Simply apply to your lender for a release of security. for a small fee they will get the property revalued and un cross it (if equity is there of course).
Another disadvantage may be higher LMI premiums. If you are using 2 properties as security, you may have to pay LMI on both-depending on how high your LVR is.
Steven, are you saying that setting up a trust affects serviceability? I have found that it makes no diffence as the lenders require personal guarrantees anyway.
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 have seen a situation in NSW where a couple signed the contract and then split up before settlement. The vendor agreed to rescind the contract and issue a new one with only one of the party. All other details were the same, and no extra stamp duty was paid.
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 valuations come in low. One of my clients purchased a unit and the valuation came in at 20% more than purchase price. The bank ended up giving him a 95% loan with no mortgage insurance.
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
Further to Stuart’s post about Heritage. they also offer unlimited redraws on fixed rates-one of the only lenders to do so.
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
Dino
Offset accounts must be in exactly the same names as the loan accounts (Something to do with ATO regulations).
I agree with Melbear pay off your home loan and then borrow – which sounds like what you were planning to do.
But check with an accountant about gifting money to a trust. This may be a good idea from an asset protection point of view, but if it is a gift, you may not be able to claim the interest. If you loan the money to the trust you should be able to claim the interest, but if you are personally sued the trust technically owes you money so creditors may be able to call in this loan.
Also check this, you may be able to park your trusts money in your personal offset account until it is distributed-saving you interest on your PPOR.
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’s the trouble with joint loans. You are liable for all the debt, but only your share of the rent.
Some banks have conditions on what they will let you use the LOC for. But how are they going to know once you already have it. Weren’t you going to buy some shares as well Jim?
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
Molkenr
Don’t bother even looking. Just go for Dale Gatherum Goss himself. He is located in Victoria (which could result in tax deductable trips!). And you can do everything via mail/fax/phone. I think his web site is http://www.gatherumgoss.com .BTW Dale is author of that book, Trust Magic_
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
Using Pin’s figures.
20% deposit = $33,000
closing costs = $7200
total money in = $40,200.The profit from this deal will be roughly $2690 per year. so the ROI will be yearly profit divided by the upfront money invested. 2690/40200. which is about 6.70% return.
This is not very high due to the large deposit needed. But it also doesn’t take into account any future capital gains.
But, rereading Pin’s post, she used 100% finance. If you had cash for the deposit, and borrowed 80% of teh value = a loan of $132,000 @ 6.8%, yearly interest will be $8976. This will give you another $1344 per year profit, so your ROI would be 10%. But you are probably getting your deposit etc from a LOC anyway.
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
This is an dangerous strategy right now. Many think that the property market has peaked. And you don’t seem to be in a good fiancial position as it is. Just be very careful and don’t believe anything the real estate agent is telling you without doing your own checks.
Just this week I had a client that had purchased off the plan 2 years ago using a deposit bond. The person does not earn a good income and has a very small deposit and the FHOG. In addition the property is located in an area where LMI won’t touch. The value came in less than the contract price, and due to the low growth and low income that person cannot get finance. They are now going to probably be sued by the developer.
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 is always the best time to look at strucutres for both asset protection and tax reduction. Things to consider are:
extra costs- accounting, land tax, legal, set up etc
= Who are you going to distribute the profits to? Do you have family members on low incomes? or if just
= yourself you can still distribute teh income to a company and pay a max 30% tax.
= How far are you going to go? ie how many more properties? shares, and/or businesses?I suggest you buy the book called “Trust Magic”, avaialble in the API magazine. Read that first and then talk to 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
it doesn’t really matter that much. Use the Ip equity first and then the home equity. If things go bad you will want to protect your home first.
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