Forum Replies Created

Viewing 20 posts - 16,001 through 16,020 (of 16,319 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Good strategy, but capitalsing interest on the IP and claiming it is possibly not allowable. The ATO is fighting this in the courts at the moment. Is that what you meant? If you are just paying interest only it should be ok.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Someone asked me for an explanation of the abbreviations in my post. I’ve emailed back teh answer, but I thought I might put them here as well just in case..

    LVR means Loan to Value Ratio (eg $100,000 property with a $90,000 loan = 90% lvr)

    LMI means Lenders Mortgage Insurance. Banks generally only lend to 80% LVR so if you want a higher LVR, they will request you pay LMI and so teh LMI company has to approve you loan as well as teh bank. There are only 2 LMI companies which makes it hard sometimes.

    PMI is the name of one of the mortgage companies. GE is the other.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You can swap loans around, increasing one and decreasing the other for example. But for tax purposes, it is the purpose of the loan that matters.

    But Garry wants to have a debt on his IP and no debt on his home for tax purposes. Unfortunately you can’t do that. The ATO will trace the funds and disallow it.

    One way you could do it would be to sell the fully paid off flat to your trust, and then borrow money as trustee to buy it (off yourself). That way the funds are legitimate borrowings for investment purpsoes. If you jsut increased you loans the purpose would be non investment so the interest deductions would be disallowed.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Did the bank manager include the potenital rent from the property you will be purchasing? From what I have seen of bank managers, probably not.

    You could get a LOC setup to access some of that equity. You could then take the deposit for your new property from this LOC and go to a different lender for the main low. Some people use low doc loans when they can’t service anymore, they go to a different lender and jsut declare their income. No confirmationis done by the low doc lender.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Even if they turn out to be good cashflwo, they may be very hard to onsell.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Just found this on the ATO site, regarding Superfunds lending:

    “Loans/financial assistance to members or a member’s relative
    Trustees are prohibited from lending money or providing financial assistance from the fund to a member or a member’s relative. The use of a fund asset by a member or a member’s relative for no cost or as a guarantee to secure a personal loan for example would be in contravention of this investment restriction.”

    http://ato.gov.au/super/content.asp?doc=/content/17585.htm&page=8

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    picja1

    Can a superfund actually invest where the security is mortgaged? There are also various rules about superfunds doing things where the trustees benefit, so be very careful before doing this, get some good advice.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I agree with Melanie and would like to add there are considerable tax benefits to a trust as well. There is a good book written by an accountant called ‘Trust Magic’, available at:
    http://www.gatherumgoss.com/

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    There is a book available written by an Aussie, Andrew Grey:
    http://www.creativerealestateinvesting.com.au/

    The number of properties you can buy depends on many factors including your income, and deposits (or equity), and the price range of the properties.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    There are various products such low doc loans where you have to state your income and no doc or asset lend loans where it is not even asked. You generallly have to be self employed for around 2 years for low docs (get an ABN now!).

    Asset lends can be done on the value of the property alone. I know of one product at 85% lvr with a rate of 9.5% (+ hefty upfront fees). Another at 65% at around 7.45%.

    There are also private lenders that lend based on valuation only. Rates are higher, but if you can find cheap properties, you may be able to get 100% finance, but it is extremely hard to do, and also hard to convince a valuer to value the property higher than the contract price.

    Low doc loans start in the low 6%s at 80% LVR and range up to 10.15% at 90% LVR.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    That sort of information is not publically available (to my knowledge). You can email me the postcode and I will let you know.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    There are currently only 2 mortgage insurers in Australia. GE will cover 4740, but not 4741. PMI will cover anywhere in Australia, but the LVR will depend on the purchase price. Possibly up to 95% if less than $150,000.

    BTW the criteria for both GE and PMI has changed as of 01 July this year, and it is now easier to get mortgage insurance approval.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Could you please rephrase that?

    Are you saying you want to distribute income to a company (wihtout actually distributing it?), and then teh company loaning the money back to the trust (wihtout actually any money changing hands?). And you don’t want it to show up on the company tax records so the company doesn’t pay tax on it?

    I don’t think you can do that (if that is what you are asking?). Any income of a trust that is not distributed, will be taxed at the maximum rate of 48.5% (trustee will pay this on behalf of the trust). So the money will have to be distributed to someone. You can distribute it to the company which can hten loan it back to the trust, but the company will have to pay tax!

    I am not an accountant!

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    vik_fam,

    I’ve done some loease options and some wraps and I agree that LOs seem less complicated. Here are some comments:
    In a wrap if the wrappees die, they can leave ‘their’ property to whomever they want, if they want to move out, they can sell it, or you wraper may even buy it back. They will probably have some equity, depending on how soon they want to leave.

    In a lease option, they can move out at any time, but the tenants will lose their option fee and all of teh extra rent that would have been credited against their future purchase price. The tenant may also sell their option.

    Other reasons why LOs are less complicated include:
    -tax (when does a sale occur on a wrap?)
    -Disclosure to financiers

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Marie

    Yes this is common and good to do if you have enough equity. Then if the bank doesn’t give you what they want, just go to antoher bank. Most people like to do it the other way round, make their home debt free-itmakes them feel safer.

    BTW did you mean pawn?

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I have mixed feelings. I agree that his first 2 books really opened my eyes and changed the way that I invested.

    What he writes is generally good, even if it is part fiction. But I don’t like him making money by selling overpriced tapesets and courses to the masses. I went to one of his seminars in Sydney (free tickets) and he said he made US$2 per book and at teh time he was selling 200,000 books per year in Japan alone! But it still wasn’t enough, he wants more!!!!

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Paul

    Hi, I think property is fairly safe. It is very hard to lose money with property (but not imposisble). Since you have a lot of equity, you could do a lot of property investing. But maybe you could buy one and see how you go, if it works buy another etc.

    I have done 6 wraps using a real estate agent. I haven’t even seen the proeprties and have made a good passive income and capital gains as well.

    There is alos the possibility of doing a jv with someone that renovates property. This may be a bit more risky though.

    You could also just use a buyers agent to source a buy and hold and just go for capital gains.

    If there is any problems, other people (such as property managers, tradespeople etc) can handle them. I don’t even know how to change a light bulb and am doing all right!

    Good luck

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I’ve done a few wraps, and the quickest that I have been cashed out is 16 months. (this happens when they refinance with a bank-at a cheaper interest rate).

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Brizza. That is correct, the bank has to cover themselves if you don’t pay. They can foreclose on you and sell the property, but there is a chance that they won’t be able to get what you paid for it and aslo costs involved, so they give themselves a margin of around 20%. They are willing to take a lower margin, if you pay their insurance for this (lenders mortgage insurance). You can now actually borrow 100% of the price if you are willing to pay 2.6% of the purchase price in mortgage insurance. Then if you don’t pay, the bank can forcelose and anyshort fall is covered by the mortgage insurance. (They will then come after the borrower to try and recover their costs).

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Can’t do that in Australia. You can only offset a capital gain against a loss.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 16,001 through 16,020 (of 16,319 total)