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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    The interest can be claimed for anything purchased that is investment related.

    Legals
    Stamp duty
    mortgage stamp duty
    inspection flights/hotels (maybe?)
    repairs
    improvements
    gardening
    cleaning
    rates
    inspection reports
    strata levies
    buyers agent fees
    research
    etc

    Keep your cash to pay off your home loan and borrow the rest (if you can).

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Tas Investor

    Where is your property, Tasmania by any chance?

    If it was in Sydney (ie expensive) you could probably get it down to under 2%, but if in a cheaper country type area, the agents are not making much.

    Imagine if you were selling $35,000 properties in broken hill or $500,000 properties in Sydney. Imagine the diff in commissions. And it is probably easier to sell in Sydney.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    It depends.

    If you are just using the LOC for deposits on further IPs then it will work fine.

    However if you intend to use it as a day to day account when related to investing, then watch out. The ATO considers any deposit to be a repayment. This means when you withdraw the money again, the interest may not be taxable.

    Eg you purchase a $100,000 IP using your LOC. You deposit all your salary etc into this account and withdraw it out to live on. If you get $4000 salary put into your account, the balance goes down to $96,000. Now if you need $2000 for living expenses it will go back up to $98,000. The ATO will consider the balance for the investment to be $96,000 and the $2000 to be non investment related. Therefore you could only claim the interest on the $96,000 portion.

    If this kept going on for months, years, then you could end up with a $0 IP loan and a huge non deductible debt.

    A better way in this case would be to use a 100% offset account to keep them totally separate. Using the LOC for deposits and other IP stuff is OK, just pay the interest, don’t put all salary into that loan.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Hi Paul

    Good point. I have all of the expenses paid by the tenants and so have (?) arranged for all rates notices, water rates etc go directly to them. I only get a copy if they don’t pay on time. I have a few water rates notices for these properties, but so far no rates notices. I just thought they were paying on time. But maybe not! The council is probably chasing the previous owners. If so, I will then have to pay at settlement and will pass onto the new owners.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Hi I think Dram is correct.

    In NSW you just state on the fron page of the contract where you want tenants in common (with % sahre) or joint tenants.

    Loans will have to be joint at the same bank. Both parties income and expenses etc will be taken into account

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes it is pretty amazing. I had 5 properties with this bank, and I had already gotten to know the names of most staff in their complaints section. various thngs going wrong, delayed sttlements because papers were sent to wrong state etc. The bank is already paying for my extra legal fees on my last 2 property sales.

    Now this is a strange situation because the 2 properties were bought months apart, and both have the same problem-names on title still is the previous owners.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    This is a difficult question that many people face.

    If you rent it out you will have to pay tax on all the rent, at the same time you will be paying interest on your new home whith after tax dollars.

    If you sell it would be CGT free. So maybe if you can get a good price, it would be better to sell, and use the money to pay off your new PPOR and the left over for more investments. (You could also get a LOC secured on your new home for even more ips)

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    BruceG

    Trusts may not protect you from the banks, but if you get sued as an individual it should protect the assets held in the trust.

    But the major reason is tax savings.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    NewToPI

    You could claim it as your PPOR, but the period is limited to 6 years. Since you moved into it again, the 6 years starts again. SO I think you probably could claim it as your PPOR. Check with your accountant.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Purchasing an Option on a property is very common with Developers. One of my clients had a developer purchase an option on her property. He then went am purchased options on all 10 houses in that block. Once he had options on them all, he then submitted plans, DA etc to council and got approval to build a huge block of units.

    The good things about options are they give you the right to back out. The purchaser has the obligation to sell you the property, but you have disctretion on whether you actually purchase.

    You can also sell your option to someone else. eg negotiate a good deal, sign up the seller on an option so that they cannot back out, and then find someone to sell the option to. It may even be possible to not pay stamp duty by doing this.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Perth Guy

    You could actually refinance to 90% of the value to withdraw a little bit extra equity.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    As far as I know most major banks will not provide finance for Vendor Terms onselling.

    There was a long psoting about this a week or so ago.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    NewToPI

    You don’t say if you actually lived in the property in the period before it was rented out. If you did and you don’t own another property, then I beleive you could claim this as your PPOR and not pay any CGT. (Under the 6 yr exemption rule). Check with an accountant.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Felicity

    yes you have to be careful as most low doc loans are actually mortgage insured-even if they are under 80% LVR. I lot of people think they can jsut increase their income ebcause they don’t ahve to provide proof. BUT if you go to the ING bank and say you earn $30,000 pa, and then later on go to Integris for a low doc loan and say you are actually earning $60,000 the mortgage insurer may already have your details, and query why your income suddenly doubled.

    Here are some low doc lenders that don’t mortgage insure:
    ING-up to 76% LVR
    Adelaide Bank-up to 76% LVR
    Suncorp – Up to 80% LVR
    HSBC – 70% LVR
    ANZ -65% lvr
    St George – 65%

    Now these lenders are not going to lend to you forever, some have maximum exposure levels per client. But if you switch and swap between lenders, you can go very far. And as long as you can come up with the deposits, you can go on forever if you are prepared to pay the price in high interest rates. There are small private lenders that don’t do craa checks, some don’t even have application forms, they just go on the security value alone. Rates start at about 8% and go up to 16% (highest heard of so far).

    And then there is short term cavaet lending, rates around 8% per month.

    Sorry Andrew, bit of a side track here.

    Terryw
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    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Andrew

    Your going to have to come up with deposits to keep on going. If you can come up with about 20% deposits, you should be able to keep on borrowing indefinetly. If you can only come up with 5%, LMI will apply and then lots of restrictions

    You can come up with deposits by growth in the property or by saving it up.

    Another way is to borrow the deposits. One of my clients used a couple of credit cards for the deposit. But you have to know what you are doing.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If they do list it with Baycorp, there are solicitors that can help you get it removed.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There are legal firms that specialise in getting htsi defaults removed. I beleive that they threaten to sue the company that lists the default (whether just justifiable or not). i hear the costs are about $1000.

    Generally telephone type defaults under $400 or not much to woory about. But some lenders, even low doc require a clear craa.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I agree with Rstar.

    You haven’t indicated any income, so it is a bit hard to estimate.

    Generally you can borrow up to 80% LVR with not too many hassles. However 700,000 x 80% = $560,000. You already owe $550,000 so that is just $10,000. If you can service it, you could go to 90% = $80,000 extra.

    Using this as 20% deposits, you could get roughly $320,000.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    There was a posting made on the Somersoft forum at:
    http://www.somersoft.com/forums/showthread.php?s=608dcb31ef648d9402e1a9c944173a1c&threadid=9980&highlight=mezzanine

    But it has no been editied due to copyright infringements. It apears to be from an article called Flat Broke in BRW July 3, 2003

    There is a link here
    http://www.brw.com.au/stories/20030703/19427.aspx
    But you have to be a subscriber to access it.

    From memory, I developer was introduced to a group of NII clients. (The development company was unrelated to NII). The developer was offering mezz finance with nice interest rates. A lot of NII students signed up. The direcots of the company didn’t do things right, one even fled to NZ. The end result was a lot of people lost a lot of money.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Vluu 27

    Holy shit!

    Sounds like you must have entered into a contract. Do you still have a copy of the thing you signed?

    I would suggest you speak to a solicitor quick. Also ring up the department of fair trading and ASIC. They are both looking into these sorts of companies and they may be able to help?

    Also make contact with ACA, and it wouldn’t hurt to go to 4 corners as well. (They did a story on this sort of thing about a month ago).

    And also mention this on the somersoft forum. There are a lot of people there that don’t like this company, and there are a few solicitors as well.

    Let us know what happens

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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