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  • Profile photo of TerrywTerryw
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    @terryw
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    Sebastian

    I am a Sydney based mortgage broker and could help you out!

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

    I would buy 4 to 5 (or more? if you can qualify for high lvr loans) positively geared properties each generating $3000 each per year-using a trust of course. keep saving and keep reinvesting the cashflow into more of the same until you get what you what income wise.

    Terryw
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    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
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    DJ

    yep. most banks offer a discount of around 0.1% to 0.2%. The ATO requires that there be a commercial advantage in pre paying interest – otherwise you would be doing it just for tax advantages.

    Terryw
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    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
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    I was going to say the same thing. I use a real estate agetnt to do all of my wraps from beginning to end. Everything could be posted to you overseas or you could give someone Power of Attorney so they can sign things for you. (Trusted Family member maybe – or i could do it for you :-))

    Terryw
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    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
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    Hi

    Can anyone that has actually guarranteed a loan for a company purchase please verify if it shows on your CRAA or not?

    I think it would as the lender does a check on the guarrantor just as like they were a borrower. I hope I am wrong tho!

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

    I thought I already replied to this a couple of days ago, but my post is missing??

    You could put the money in the offset account and pull it out to use for further investments. But when the money is withdrawn the interest payable on the home loan would just increase again. This portion would not be deductible.

    However if you actually paid it off your home loan and then reborrowed the money again for investment purposes, then the interest on this extra portion would be tax deductible as it is for investment purposes. The net interest would be the same both ways, but the tax deductions would be increased by using the redraw strategy. It could get a bit messy attributing and keeping track of the portions-but worth it. It would be good if a second sub account or split could be set up. Check with your bank.

    On $50,000, this could work out to be a bit. eg 6% interest is $3000 extra in tax deductions.

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

    How much are you going to purchase it for? Market Value?

    1) You could use you house as collatrol and borrow 100%

    2) You could borrow some money agains your house (via a redraw or LOC maybe) and use this as deposit on another loan for the new house.

    3) You could get the parents to lend you the deposit, and get a loan loan for the remainder.

    4) Often these sort of transactions are done at less than market value and it can be structured so that lenders will basically lend you 100% of your purchase price. Gifting can have social security consqences as well so this may be better than 3.

    I think 2 or 4 is preferable. All of these scenarios could be done on either a normal loan, or a low doc loan.

    However before you do this, have you considered all family planning and taxation issues? It may be wise to leave it in the parents names. There could be considerable tax advantages to do that. If you become owners and it is your second property there is land tax, captal gains tax, stamp duty on the transfer etc.

    If the parents held it until they died it could be passed on CGT and stamp duty free (I think). And your cost base would then be the value of the property at the time. And I think you would have 2 years in which you could sell the property CGT free.

    Lots of things to consider so I think it would be worthwhile to speak to a GOOD lawyer (hard to find!).

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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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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    For some ideas check these sites out

    Chris Batten Accountant and structuring expert
    http://www.chrisbatten.com.au

    and
    Kevin Munro, Solicitors and accountants
    http://www.taxlegal.com.au/
    Lots of free articles on Trusts etc

    Terryw
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    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
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    Felicity

    What do you mean by
    “I’ve been told that because the MI scrutinises the loan very very closely, they insist that guarantors have their credit history marked”

    For any loan you apply for, your credit record will be marked (exept some private lenders). Even loans in a company name where you act as guarantor.

    I know Steve’s technique, but can’t understand how setting up new structures can overcome this. I think that as you get more properties, normal rules don’t apply and banks will treat you as a business.

    Now there are only 2 mortgage insurers left which is making it even harder to get multiple loans. PMI and GE are the 2 and they have policies that limit loans to about $600,000 in total. So maybe $1.2 mil all up is possible if your loans or mortgage insured.

    BTW most of the low doc loans are mortgage insured no matter what the LVR. Some that aren’t include St George, ANZ, ING and Suncorp.

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

    I don’t think this will pose any problems with you claiming all the interest. I do this now (but haven’t been audited-yet).

    You and your wife could just lend yourself the money anyway. Just charge yourself the same interest rate as the LOC.

    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 Andrew

    If you have an extra $50,000 in cash, why don’t you put it off your home loan and then redraw it again to invest. The itnerest on that portion should then be tax deductible – use a split loan if possible to make it clearly separate. That way you reduce your non deductible debt.

    If you can buy +vely geared property the rent from this can also help pay off your home loan quicker.

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

    If the business has gone into administration, then the director or owner will no longer have any control over teh company. An administrator would have been appointed and they are teh ones that make all the decisions from the time of their appointment.

    If is was possible to nominate another purchaser, I think the administrator would have to do it. They may agree to do so if it would generate some money for creditors.

    But in Victoria it is obly possible to nominate someone without incurring double stamp duty, if you had a written agreement with them prior to the signing of the original contract.

    And I beleive that the law has recently chaged and that it may not even be possible to do this any more. ie double stamp duty will be payable.

    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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    I was looking at doing this a few years ago and had estimates from $15,000 to $20,000. You may save if there are materials from teh old house you can actually sell.

    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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    Jack

    I understand that this is not possible, even if you have and/or nominee, without incurring double stamp duty (in NSW anyway). i have done in in Vic, but have heard the laws have changed and it is not possible down there either.

    With options I think they have to be stamped by the land titles office to make them a legal document and that stamp duty is payable on this. But not sure how much or how it is calculated.

    I have written options in VIc and haven’t had them stamped. I was not concerned with it too much as I was selling it not buying it.

    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

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    Ken

    I think you’ll find more info at http://www.navra.com.au. There is an article somewhere there called ‘cashbonds’.

    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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    I was trying to do this in Victoria and had to have another contract drawn up. In the end I never went thru with it.

    You also must get finance arranged just in case they don’t settle (for whatever reason) on the same day. If the vendor give a notice to recind, you will only have 14 days to settle, and this is not enought time for a bank to do it.

    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 Jas

    The agency has tracked down the tenants mother and she won’t give out his address, but has said he collects mail from there. So the have sent letters asking him to pay etc. Now they have asked me to pay $450 so they can serve a summons on him. This money would be tacked onto the amount he owes me and the would also recover this from him. I didn’t like the idea of doing this and am just waiting to see if he will respond.

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

    It depend on when you signed the contract. If it is more than 12 to 18 months ago, then yes you can get a loan based on valuation with a standard bank at standard rates. And this is with LMI approval.

    If it is a shorter settlement, then you can still do it, but rates will be higher as we will have to go to smaller lenders or private funds.

    [email protected]

    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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    Plenty mate. Try units in Campbelltown or Cabramatta. prices start around $140,000. late last year I went to an auction in Maquarie fields -ex housing commisison 3 br house went for $150,000. Aound the blacktown area you can get houses for about $200K still.

    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

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    D

    Watch out for fixed rates. The break costs can be very high. You never know when you may want to refiance to withdraw extra equity or when you may even sell a property.

    It looks like Combank is trying to cross collateralise your loans. Maybe a better way would be to withdraw some equity form you land as the LVRs are low. You could then use this as deposit and get a 90 or 95% loan for your IP. This gives you greater flexibility in the future.

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

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