Terryw replied to the topic CGT and allocating PPOR riddle in the forum Legal & Accounting 7 years, 1 month ago
Yes you could use the 6 year rule on property A (providing it meets the other requirements).
But because the absence has been longer than 6 years it will not be totally CGT free. BUt a large chunk of it could be.Terryw replied to the topic Will moving some investment loans from IO to P&I reduce serviceability ? in the forum Help Needed! 7 years, 1 month ago
I am not sure why it is confusing.
Serviceability is worked out based on a set of criteria which means an IO loan will be treated more harshly than a PI loan assuming the same loan length.
You will still have to prove serviceability with additional income.
This is the same whether you buy a bargain or overpay for a property.
Terryw replied to the topic Anybody heard of DG Institute? in the forum General Property 7 years, 1 month ago
I don’t think any state govt department would be endorsing any sort of legal documents. An irrevocable poa might be solid, but it could still be revoked on equitable grounds – such as undue influence, duress, fraud etc
There was a recent case involving a binding financial agreement (prenup) which failed because the husband basically applied…[Read more]
Terryw replied to the topic Will moving some investment loans from IO to P&I reduce serviceability ? in the forum Help Needed! 7 years, 1 month ago
Lenders look at their notional cash flow figures based on PI loans, on remaining loan terms, usually at around 7%pa.
Terryw replied to the topic PAYG Tax Options in the forum Legal & Accounting 7 years, 1 month ago
Are you a spender or a saver? Generally it would be better to get the tax savings every paycheck, but not if you are a spender perhaps.
If your estimated deductions are enough you won’t have to pay any tax, but you can’t just go making up figures to artificially reduce the tax paid through wages. If you do there could be penalties imposed.
Terryw replied to the topic Will moving some investment loans from IO to P&I reduce serviceability ? in the forum Help Needed! 7 years, 1 month ago
No it will improve
Terryw replied to the topic Will moving some investment loans from IO to P&I reduce serviceability ? in the forum Help Needed! 7 years, 1 month ago
Yes the cash flow consequences would be entirely different, but here we were discussing serviceability. The lenders will treat any IO loan as if it was a PI loan.
Terryw replied to the topic First Home – Unit Vs House for Equity Growth in the forum Help Needed! 7 years, 1 month ago
Its just a question of which will grow faster?
You will need to make some educated guesses.
Can you add value to the house that you can’t to the unit – granny flat potential, extension, converting room into bedroom etc.Terryw replied to the topic Will moving some investment loans from IO to P&I reduce serviceability ? in the forum Help Needed! 7 years, 1 month ago
Benny – the maximum available IO period is 10 years now but the loan term maximum is 30 years so it would be a 10 year IO reverting to 20 year PI.
When assessing this the banks will assume it is a 20 year PI loan as the IO period is disregarded.The only way a IO loan could be better for servicing than a PI loan is if the remaining PI is…[Read more]
Terryw replied to the topic Asset protection for career change in the forum Legal & Accounting 7 years, 1 month ago
it will depend on what you do. It could be $0 to $10,000 to set up with $0 to $257 to more in annual fees.
e.g. a gift and borrow back from parents would cost about $2,200 to set up and nothin to run.Terryw replied to the topic Will moving some investment loans from IO to P&I reduce serviceability ? in the forum Help Needed! 7 years, 1 month ago
it will probably improve serviceability slightly because the assessment of existing loans is generally over a term excluding the IO period. e.g. a 30 year loan with a 5 year IO term will be assessed as a 25 year PI loan. Buti f you are 2 years into it and convert it to PI it would be assessed as a 28 year PI loan. The longer the loan period the…[Read more]
Terryw replied to the topic Asset protection for career change in the forum Legal & Accounting 7 years, 1 month ago
Yes there are asset protection strategies you could use.
Terryw replied to the topic Finding deal vs Finding loans in the forum Finance 7 years, 1 month ago
You should probably speak to a broker about working out your borrowing capacity before you start looking for deals as if you can’t borrow then you are unlikely to able to buy (without getting creative).
Terryw replied to the topic Asset Protection! in the forum Help Needed! 7 years, 1 month ago
Get some independant legal advice.
Terryw replied to the topic CGT on Brand New Investment Property in the forum Legal & Accounting 7 years, 2 months ago
depends. It would be either CGT or income tax depending on the situation.
Don’t forget the GST aspects.
Terryw replied to the topic How to sell H&L package after the contract signed ? in the forum Help Needed! 7 years, 2 months ago
yes you would need an agent unless you can find a buyer yourself. Before engaging the agent you would need a contract of sale or speak to a lawyer about assignment/nomination.
Terryw replied to the topic Question about transfering money between personal and trust accounts in the forum Finance 7 years, 2 months ago
perhaps, but consider what the consequences could be.
Terryw replied to the topic Question about transfering money between personal and trust accounts in the forum Finance 7 years, 2 months ago
Only lawyers can draft legal documents. Most lawyer should be able to assist with a loan agreement.
Terryw replied to the topic Question about transfering money between personal and trust accounts in the forum Finance 7 years, 2 months ago
movement of capital from a trust doesn’t in itself trigger tax. Only if it is income or capital gains will it trigger tax – consider stamp duty too.
If you have lent money to the trustee how is this documented? Is there a written loan agreement? If this would would have the terms of the loan. If not it is an oral contract and this will cause…[Read more]
Terryw replied to the topic Foreigner Buyer Restrictions in Australia in the forum Help Needed! 7 years, 2 months ago
Yes, there are a number of ways it can be structured. You will need legal advice on the foreign acquisitions and takeovers act and regs
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