Forum Replies Created
Going guarantor won't help with servicing – initially. You will still be considered to have the loan. But at least this allows you to remove the guarantee a few years down the track if your spouse is able to service the loan at that point on her own.
Consider the access of equity too.
No real easy way to answer, you need to speak to a broker and work out borrowing capacities based on the above scenarios and see how serviceability will be affected.
Consider also asset protection, succession on death (if in her name and you die…), stamp duty, further strategies..
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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24 hours should be doable.
Incidently, what did you pay and which state?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
PropertyGuts wrote:Land tax and trusts. Are other states (Qld, TAS, Vic, WA, SA) the same as NSW?With respect to TerryW's comments
""in NSW most trusts don't get any land tax free threshold.
Exceptions for fixed trusts, SMSFs and deceased estates"".
Please some comments from trustee's with property in quennie, tassie etc
Off the top of my head, there is a land tax threshold in QLD for trusts. Once you hit the threshold start a new trust and get a new threshold.
Vic is similar to NSW, if fixed unit trust then individuals get the threshold. There is no threshold, or very small for non fixed trusts. In Tassie I am not sure but one of my trusts was paying land tax – the amount was too small to force me to look at the relevant act to find out the rules.Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Interesting. One of my friends is a NSW solicitor and he does Victorian properties from Sydney – actually I know a second solicitor too.
Scott makes a good point.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Just clicked on that link and a security threat was detected – take care
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
jenny111 wrote:Who regulates the Vendor Finance market? I meant in the case of one vendor quoted the interest rate close to 7%, but I calculated it to be almost 10% (9.90% to be exact). This is on top of the quoted price of the property which was probably around 15% to 18% above its true value. Is there any regulatory body to ensure integrity in the industry?What I meant was if I were to buy a property through the Vendor Finance channel and if I later had a dispute, who could I turn to? With my bank, if they incorrectly calculated the interest or fees they charged me, I know I could go to the Banking Ombudsman as a last resort. But who do I go to with vendor finance deals? Thanks.
Regards,
Jenny
Jenny,
the relevant courts. This is just a commercial contract between 2 parties
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
The risk is that they damage the property or change it in a way that you don't like and then not settle. You may have to sue them only to find they have no assets. Make sure you get legal advice (from a lawyer!)
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Not a good move.
This will result in a mixed purpose loan and you will not be able to pay down this debt, when it becomes non deductible, independently of the investment loans. i.e. each repayment of principal must come off the investment portions as well. Obviously this is going to result in more tax payable and less non deductible interest.
You need to seek advice and then refinance to fix this up.
Also this property will always be subject to CGT based on a time basis – portion of time it was rented out.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Right up RPI's area of practice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You want to make sure whatever you do you set it up so that the interest on any loans is deductible. If you don't take care you may not be able to claim the interest.
Other possible ways will depend on the circumstances. Family provision claim and a settlement for example.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Don't mix personal and investment borrowings in the same loan. You will be able to apportion it easily enough to determine deductibility initially, but as you put more money in it will become a nightmare. Also any further deposits will be coming off the investment portion as well and this will result in more tax.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Usually you cannot claim reno costs as outright deductions – mostly capital improvements I would imagine.
Seek specific tax advice.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Solicitor – legal questions.
If you would be buying out the sister you would be using the house as security. Also consider deductibiliy of interest questions.
Depending on the terms of the will the sister may renounce her interest possibly. Possibly other ways too!
If not it would be a sale from the sister to your wife and normal stamp duty etc would apply probably.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Firstly, you should seek some legal advice as it may be possible to set up a trust now and other benefits possible. You need tax advice as well perhaps.
You may also want to buy out the other sister. Land tax advice also.
1. Bank will lend to the legal owners – if 2 names then both on the loan. Once probate has gone through and the estate administered you or you wife and her sister will own the house. This could be used as security and a LOC set up for example.
2. Yes. You need legal advice on stamp duty, tax, asset protection, land tax etc. However once in the trust the same general principals apply. Trustee can borrow money using the trust as security – within the bounds of their powers under the trust.
3. complex. seek legal advice. Possibly none, possibly full market value
4. Transfer to a trust would generally be a CGT event. There may be ways to do it to avoid CGT depending on a few things. Event though it may be a CGT there may be nil CGT payable depending on the circumstances etc.
You will need to spend money on advice to save thousands in wasted taxes.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Technically the lender is correct to refuse to take into account the trust income. Because the trust is disrectionary in nature there is no guarantee that the trustee will make a distribution to the same person each year, and if they do it may not be the same percentage of the trust income. This is the case if the individual is the trustee and/appointor.
But in practice I have never encountered a problem and this has in fact never been raised with me once by a lender in my 13 years as a broker.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
http://www.houseofwealth.com.au
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Most banks will take the trust income into account. You should use a broker.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I have seen that trend in my work. All the time people ring me up and want to buy me a $3.50 cup of tea so they can extract $500 worth of free advice from me!!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You should not use a company for many reasons. You need to seek legal advice on the structure as there are a number of issues. Set it up wrong and you could lose money and pay for tax and suffer asset protection issues.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
http://www.paycalculator.com.au/old.html
Another good calc
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



