Forum Replies Created

Viewing 20 posts - 16,181 through 16,200 (of 16,319 total)
  • Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    David

    It is calculated as 80% of value less current loans.

    eg in your example, total value is $330,000. 80% of this is $264,000. However, your current loans are $195,000, so you should be able to borrow another $69,000 ($264,000 – $195,000).

    BTW, You will also still have to demonstrate serviceability to qualify.

    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 could sell your half to your spouse (if it was purchase in two names). Get a loan to do this and the proceeds would be put off your new home loan.

    Or you could do as Michael and Kaye are doing and sell your house to your Trust. (see their post today).

    Or
    Steve Navra’s technique. It goes something like this:
    You get a annuity with the purpose of increasing your borrowing capacity-together with a tax ruling. The money from the annuity comes from a LOC secured against the house. The income from the annuity is kept in a 100% offset account linked to your new home loan until you decide what to invest in. This is in effect a way of transferring the money to your new home loan.
    I think his site is http://www.navrainvest.com.au

    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

    Michael

    I have purchased this booklet. It is fairly technical and sometimes difficult to understand. It has been a while since I read it, so will dig it out tonight and skim thru it again.

    From memory half of the book was just print outs of various tax rulings (which are avaliable on the internet if you know where to look).

    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

    Steve

    I think the point to the hybrid is to make the losses distributable. I am no accountant, but I think that discretionary trusts cannot distribute losses, but unit trusts can. A Hybrid is a combination of these two trust types.

    There are apparently Hybrid Unit trusts and Hybrid Discretionary trusts. Both are slightly different, but I don’t know how they differ. There are actually sample trust deeds on Chris Batten’s site at http://www.chrisbatten.com.au

    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

    Nick

    This is just like a lease option, but they tenant only gets a portion of the equity.

    From the example, it doesn’t appear to be too good for the tenant, so I don’t know if anyone would be willing to pay an extra $300 per week for this one.

    There was one person offering something like this on new units in Parramatta a while ago. I think the Hanna brothers are also teaching this technique in their seminars too.

    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 don’t say what CBD?

    I purchased a property off the plan and have just recinded the contract because it hadn’t gone up as expected (Melbourne).

    I think now is probably not the time to be buying off the plan in Sydney or Melbourne.

    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 friend on mine bought a 3 br house in Macquarie Fields (in Sydney) last year for 148,000. She just sold it for about $250,000. There are still cheap places in Sydney.

    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 think of how much money you could make if you used this money yourself. Eg if you used it as deposit on a property, a wrap maybe?

    With this 2nd mortgage you would only make $4125 in 6 months. Do you have to pay any legals?

    If you used the $50,000 as deposits on
    – 2 wraps with a purchase price of around $100,000 how much would you make?
    – 2 cheap buy and holds?
    -one capital growth type property?

    etc

    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

    Go to http://www.chrisbatten.com.au

    I hear that the hybrid trusts are not as good for assets protection as a discretionary trust and the unit holder could be sued and loose their unit.

    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

    DS

    That name rang a bell. He has an advert in the latest Wealthcreator magazine (this is put out by Henry Kaye associated companies). His ad talks about creative finance strategies etc. Sounds interesting.

    I beleive it would be worthwhile going to any free seminar (if you have the time). And please report back to the group.

    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

    My trust has me as trustee and the deed is worded so that any company that I am a shareholder of or office holder of is also automatically a beneficiary of the trust.

    I think you can see some sample deeds at:
    http://www.chrisbatten.com.au

    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

    Hi New Investor

    Kangaroo Valley is one example and the Piction area as well (20% growth over last year or so)-And only 1 hr from city on the M5

    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

    Banks, or LMI are a bit behind. Some very promising locations in the outer Sydney area are not covered by LMI. They just haven’t updated their lists for a long time.

    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

    Hi Nick
    Here is a rough guide on LMI rates:
    LVR Up to $300,000 $300,001 to $500,000 Greater than $500,000
    0 to 80 0.35 0.45 0.69
    80.01 to 81 0.46 0.58 0.9
    81.01 to 82 0.48 0.6 0.93
    82.01 to 83 0.61 0.78 1.22
    83.01 to 84 0.66 0.84 1.32
    84.01 to 85 0.78 1 1.56
    85.01 to 86 0.85 1.09 1.7
    86.01 to 87 0.93 1.19 1.86
    87.01 to 88 1 1.27 1.97
    88.01 to 89 1.09 1.4 2.19
    89.01 to 90 1.19 1.49 2.38
    90.01 to 91 1.32 1.69 2.63
    91.01 to 92 1.37 1.76 2.73
    92.01 to 93 1.47 1.85 2.92
    93.01 to 94 1.59 2.04 3.16
    94.01 to 95 1.68 2.16 3.33

    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

    Serviced apartments are hard to sell, and it is harder to get finance for (that’s why only 70% 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

    hi Soma

    I made a posting a few months ago about my situation.

    The tenant was behind about 1.5 months. He knew he was on the way out, he lost his job, had no money etc etc. In the end, he just left one night – never to be seen again. I now have the debt collectors chasing him.

    I wouldn’t wait too long. After being 2 weeks behind, ask them to start paying an extra $20 per week until they catch up. If they don’t send them a letter asking them to leave. That may shock them into catching up.

    is this a wrap or lease option? Whih state are you in?

    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

    Hi Michael

    It is my understanding that a discretionary trust cannot distribute a loss-whether income or capital. The loss must be retained in the trust and can only be offset by future gains/income. I think you may be thinking of a unit trust or a hybrid unit/discretionary trust?

    ksheather and 4walls

    I think a foreign company or trust wouldn’t help you much with ownership of property in Australia. The ATO wants to tax Australian residents on their worldwide income. With Tax Havens, people try to hide their income from the ATO. It would be a bit hard to hide rental income sourced in Australia.

    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

    walkernick

    I am a broker, but not in the office at the moment, so will try to dig out the info for you on Tues.

    There are 2 different insurers-each with different rates, and then it differs whether it is onwer occup or investment. It is also a sliding scale-as the LVR goes up so does the percentage. And, some banks even mark up what they are charged from the insurers so it can vary from bank to bank.

    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

    Using a trust gets around this problem.

    Another problem with buying in both names is loans. You can probably borrow more overall by buying in one name only.

    Maybe 2 separate trusts would be best. One wtih one partner as the trustee one with 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

    APIM

    I wasn’t talking about capitalising interest. it is kind of hard to exlain, especially on a forum like this. So I will try to give an example.

    A)You have a LOC, balance Nil
    B) A home loan, Balance of say $100,000
    C) IP loan, IO balance of $100,000.
    D) a 100% offset account linked to the home loan with $10,000 in it.

    All rent and other income goes inot your Offset account (D) so that it reduces your non deductable debt.
    The IP interest is added to the IP loan, and you pay it via a direct debit from (D) the offset account.
    Now the good bit, Your rates for the IP are due, $500. You could pay them from the offset account, but doing this would mean the interest on you homeloan would increase as money comes out of the offset which is linked to the homeloan. SO YOU BORROW THE MONEY FOR THE RATES FORM THE LOC.

    The effect is you can claim interest on the payment for the rates, while at the same time decreasing the non deductible debt on your home loan. This is like converting your non deductible debt into deductible debt.

    You won’t make much of a saving (Eg $2000 in expenses per year = $120 in interest claimable = $60 saved???), but if you have a few properties, it can all add up.

    Like Stuart said, I am a mortgage broker not an accountant, so not qualfied to give tax advice. And I don’t know how the ATO would treat this. Part IV A (anti-avoidance provisions) may apply-but I see this as borrowing for a legitimate business/investment expense. Beware! Would any accountants out there like to comment.

    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 - 16,181 through 16,200 (of 16,319 total)