Purchasing property under company.. Loan??

Discussion in 'Loans & Mortgage Brokers' started by cube3, 29th Apr, 2022.

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  1. cube3

    cube3 Well-Known Member

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    I'm looking at purchasing an investment property under ABN Company (GST Registered) of which i am the sole director.

    The company has been registered for 2 years, but i haven't done any trading/business/transactions under it.

    I've spoken to my broker who has told me that I won't be able to buy the property under my company name, and that i will have to go personal.

    I have a PPOR and approx 400-500K equity in it, + 300K savings + 250K gross wages on payslip (from a different company).

    Does anyone have any advice or solutions for me? I don't want to buy it under personal name because of tax/liability purposes.
     
  2. Trainee

    Trainee Well-Known Member

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    Who are the shareholders of the company?
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You 'won't be able to borrow under a company' but that is probably sloppy wording. Did you mean the company cannot borrow?

    We do company loans weekly
     
  4. cube3

    cube3 Well-Known Member

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    Me and only me

    Yes sloppy. I mean i want to purchase the property under my company entity. I want to borrow using my personal assets (PPOR + savings + income from payslip wages from the company i work for).
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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  6. cube3

    cube3 Well-Known Member

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    Hi Terry
    Sorry i don't think im understanding the issue so maybe im not explaining it correctly.

    I have never used the company for any sort of business or trading. So for the past 2 years, i've submitted NIL on bas and tax returns, and as such i dont have any financial statements to show any sort of income.

    As such i was told by the broker that its not possible to get a loan in the name of the company
     
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    That is not true - the link explains that. In fact it would be a hindrance if the company was trading.
     
  8. cube3

    cube3 Well-Known Member

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    Thanks for the feedback Terry

    I know you're occupied with your existing client base, do you have any recommendations for a broker who could assist me?
     
  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    my company Loan Structuring Pty Ltd is still accepting clients, i am just not taking on any law or tax only clients anymore.
     
  10. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    The issue may not be the entity itself, but one of borrow capacity

    If borrowing capacity is tight, the negative gearing benefit one gets as a personal borrower, isnt applied by most lender to non personal entities such as companies and trusts

    ta
    rolf
     
  11. santhoshjose

    santhoshjose Well-Known Member

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    Related question and an opportunity for an MB to take up: I have borrowed in a similar structure under another company created just for buying property and both these companies sitting under a trust. My wife and I have then stood as a guarantor for the loan. Now if I apply for a mortgage for my personal IP or PPR, does this guarantor position reduce my serviceability or anything else?
     
  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    It could reduce serviceability, it will depend on the situation and the lender involved.
     
  13. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Note sure why the entity would be reg for GST if its not conducting a enterprise. Its a red flag to lenders perhaps. Easily addressed. Typically accountants letter anbd cancellation of GST role (unless buying commercial prop). Some lenders will defer loans to a company if the individial has no assets. Its a reflection more that the individual is a poor guarantor than anything else.

    The issue as to why a company as property owner is being considered may need some tax / legal advice. Many people dont understand what legal liability is. If you think its a tenant suing then thats incorrect. Property insurance is a typical solution to that worry.