By Jenée Tibshraeny
Acquire a skill, start working, get married, buy a house, have children, pay off your mortgage, retire, trade in your family home for a smaller place and use the difference to supplement your savings and superannuation.
This formula has historically served New Zealanders well.
Today, I believe there is no formula.
Steps one, two and (broadly speaking) three are fine - even if they’re only completed by age 35, rather than 25.
Step four - ‘buy a house’ - is where things get awkward and throw the remaining steps off course.
I could cut the article here and leave you all to debate whether young people would be able to buy houses if they: spent less on “lattes and Feng Shui consultants”, weren’t locked out of the property market due to the greed of baby boomers, or our entire system didn’t encourage us to get rich by buying houses from each other in a money-go-round.
But I’ll refrain on this occasion.
Instead I will focus on what people stuck at the ‘buy a house’ part of the formula - by force or by choice - CAN do to build towards their financial futures. I will do so in a series of articles - 'Generation Rent Investment Guide'.
Before veering too far off the beaten property track, I’ll begin by looking at how one might go about buying a house by teaming up with others. Then in coming weeks I’ll tackle investing in shares, digital currencies, peer-to-peer schemes and more.
I accept these don’t necessarily put a roof over your head, but the point is renters shouldn’t be an underclass.
Your thoughts and feedback are of course most welcome.
Teaming up to get ahead
A couple of years ago I wrote about a woman in her late 20s who bought her first home in 2014 by forming a company with three friends.
She didn’t have enough money to make a deposit on the sort of property she was after on her own, so teamed up with others in the same boat.
They forked out about $3000 to create a company constitution and a shareholders’ agreement, before buying a $407,000 newly built, three-bedroom town house in central Christchurch.
After accumulating income from rent, and receiving a Government Valuation of $430,000 for the property six months later, they bought a two-bedroom house in New Brighton, Christchurch for $210,000.
Her rationale behind the group effort was to spread the risk and financial burden, so she could still be in a position to diversify her investment portfolio.
Here is what you need to think about if you would like to consider going down this path:
LVR and KiwiSaver rules
Unless everyone in your group would like to live in the property you are buying, you will be considered an investor, so will have to make a 40% deposit on the property under loan-to-value ratio (LVR) restrictions introduced in October last year.
An ANZ spokesperson confirms that even if one person in the group lives in the house, the fact the other three don’t, means it will still be considered an investment property.
“If [they all] hold the property, borrow and income is received from the property to pay back the debt, then yes it is an investment property,” she says.
Asked how rigid these rules are, and how ANZ might respond if everyone in the group loosely said they intended to live in the house at some point in the near future, the spokesperson says: “The bank will consider you an investor unless you can confirm by way of statutory declaration that the property you are purchasing is intended to be your principal place of residence.”
ANZ says the same principle applies to KiwiSaver.
The only way you can make a KiwiSaver withdrawal to buy a property, is if everyone in your group lives in the house.
Go2Guys mortgage adviser, Campbell Hastie, admits that while people may have been able to manipulate the system in the past, it has become much harder now that KiwiSaver is more established.
| Deposit | KiwiSaver withdrawal | |
| House occupied by all owners | 20% | Yes |
| House occupied by some owners | 40% | No |
| House rented out | 40% | No |
Structures
There are a number of structures your group could use to organise itself.
Yet at the end of the day, Hastie says the bank will look through whatever structure you choose and weigh up the risk of all the individuals in the group when looking at your mortgage application.
No matter the structure, all individuals will be jointly liable in the eyes of the banks. In other words, if your mate doesn’t meet their mortgage repayment obligations, the bank will come knocking on your door.
It also means that if you use a company structure to buy the property, and the company decides to take on a new shareholder, you’ll need bank approval first.
Martelli McKegg solicitor Matt O’Neale has helped interest.co.nz put this table together, explaining the nuts and bolts of the three most appropriate types of structures a small group of people looking to buy a property could use.
|
What |
Liability |
Ownership transfer |
Tax |
Costs |
|
|
Joint borrowing |
Investors jointly purchase and borrow money in their personal names. All investors are personally shown on the title. Issues such as future contributions, sale of the property and a dispute process can be addressed up front in a property sharing agreement. |
Individuals jointly and severally liable. |
Ownership transfer more complex. Changes needed to sharing agreement and property title. |
Individuals pay tax at personal income tax rate on rental income. Losses (ie incurred if interest payments are greater than rent) can be offset against personal income for tax savings. |
Lower set up costs. Higher costs if there’s a change of circumstance in the future. |
|
Look through company |
Investors create a company and become shareholders. The company borrows money and purchases the property. Shareholders decide up front how to run the company using a shareholders’ agreement. |
Company liable for company’s actions and debts. Limited liability for shareholders, but in practice a bank is likely to require personal guarantees. |
Shares can be bought/sold relatively easily. Property title unaffected by changes to shareholding. Bank approval needed for change in shareholding. |
IRD ‘looks through’ the company. Individuals pay tax at personal income tax rate on rental income. Any losses can be offset against personal income for tax savings. |
Higher set up costs. Lower costs incurred if there’s a change of circumstances in the future. |
|
Limited partnership |
Investors create a partnership using a partnership agreement. The agreement sets out issues such as future contributions, sale of the property and a dispute process. Limited partnerships include a company which purchases, borrows and is shown on the title. |
Limited liability for partners, but in practice a bank is likely to require personal guarantees. |
Transfer of partnership interest determined by terms of limited partnership agreement. Property title unaffected by partnership changes. Bank approval needed for change in partnership. |
Partners pay tax at personal income tax rate on rental income. Any losses can be offset against personal income for tax savings. |
Similar set-up costs to a company. |
Here are some things to think about when deciding whether you’d like to buy a property with friends:
- Are these the right people to be doing business with?
- Do we want to achieve the same goals (IE rental yields vs capital gains) in the same timeframes?
- How might all of our financial circumstances change in the future?
- Does the structure we’ve selected give us the flexibility and security we would like in the event of circumstances changing?
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