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  • Profile photo of TerrywTerryw
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    @terryw
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    Yes, this is relatively simple. Just a written loan agreement should do. Doesn’t have to be at a commercial rate, could be nil interest.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Achawk wrote:
    Thanks Richard

    Sorry let me clarify.

    Parents will purchase an investment property in their name (they can definitely service the loan themselves) myself and my partner will live in that home and pay 'rent'.

    When the house sells the parents will hand over 70% of the profits for us to use as a deposit for our own house.

    Basically I want to know what the best option is for parents to help their children enter the property market.

    The trouble with this is
    1. The parents would pay CGT on any increase.
    2. You have not used your CGT main residence exemption. If property was in your name it could be CGT exempt.
    3. Parents could change mind
    4. Parents could go bankrupt
    5. You could divorce
    etc
    etc

    What if you just borrowed a deposit from the parents?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Most banks allow offset loans for trusts.

    If you pay down the loan there will be tax consequences if you redraw.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    http://www.houseofwealth.com.au

    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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    @terryw
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    Cattleya wrote:
    Terry,

    Interesting post there. Would be interested to know your reasons / thoughts.

    I usually pay principal as well. This is because, at the end of my 25 mortgage I will be… well in my 60s or 70s (hate to give out my age.. lol).
    So if by then my mortgage is not paid off, presumably no body is going to give me homeloan anymore because my work / productive time is but over.
    In that case then I have to sell the house and hopefully the proceed is enough to pay off the loan and buy something else.

    The problems with that are:
    1. I may like my house too much to move out. Or for some other personal reasons, don’t want to move out.
    2. Given the share market spectacular crash in 2007 / 2008, it is not impossible that property market also crashes. And given the recent development in finance industry, any thing can happen. Raiding on saving accounts in Cyprus is not illegal, ECB and Bank of England both contemplating negative interest rate … meaning people have to pay the banks for keeping their money in there..??? Ridiculous… but not impossible.
    3. Even if property market does not crash, inflation may eat up most of my capital such that there is simply not enough to pay off existing loan and buy another house.

    Hence I always pay interest + principal. Look fwd to your wisdom.

    Thanks
    Catts

    Hi Catts,

    I would make sure the money you would have paid off the principal is parked in an offset account. This has 2 main effects
    1. It saves the same amount of interest as if you paid down the loan, and
    2. It is better from a tax POV if you need to use that money for private expenses.

    In your case if you had paid down all of your loans at age 80 and cannot get another loan at that stage you would be stuck with the existing situation at that time.

    With my method you would still have a large sum of cash on the offset and could go and and buy another property or 2 (depending on the values compared to the cash at that time).

    But, nothing wrong with your method, everyone has their own little techniques.

    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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    Under Australian law you cannot have a trust of which you are the trustee on only beneficiary. By definition a trust is A holding property for B. You cannot hold proeprty for yourself. THis would be the case under NZ law too I am sure.

    The trust assets would be property of hte marriage and could be taken into account under a separation.

    The trustee would purchase the property here as per normal. I am not sure how a lender would view lending to a trustee of a foreign trust as the proper law of the trust would probably be NZ.

    It may be worthwhile just setting up a new Australia trust as this may be cheaper than seeking legal and taxation advice and worrying about amending the deed to suite the lenders etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Stamp duty on the transfer of land is a capital expense so it can only be claimed against CGT on any sale of an investment prperty.

    Stamp duty on a lease would be an income expense and could be claimed if the property is an investment. e.g land in ACT.

    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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    Have to be in the same names, but some lenders used to offer accounts in another name, such as a related company. Can't think of any that do now.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Were you absent from that house for more than 6 years?

    Look at s 118-192 ITAA 1997 and s 118-145 too and send him the links and ask for a please explan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Sounds like you may be able to apply the 6 year CGT exemption for absence from main residence s118-145 ITAA 1997

    Treat it as 2 separate preiods, up to hte point you purchased the second residence it could be your main residence. Then it would be subject to CGT from that point on.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Munz wrote:
    Thanks Terryw. Does that mean the exemption only applies if I add my spouse and not fully transfer to him?

    Yes for NSW. And I think there has to be no consideration – which would not help the tax position.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    I beleive a member or a related party can lend to a SMSF. But the SMSF cannot give security. A SMSF cannot borrow to acquire an asset either, unless a single acquireable asset and security trustee in place etc.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    NSW has an exemption from stamp duty when transferring from 1 spouse to both spouse – ie adding a spouse to title. But this only applies if main residence and you intend to keep it as the main residence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I am not sure what title insurance covers, possibly relates mainly to fraud where someone who doesn't own the property is trying to sell the property.

    A caveat registers your interest in the property, and this registration may give you some priority over later interests which are registered after you and before settlement.

    Do a goolge on 'black v garnot'. In this case someone put a writ on the title about 30 min before settlement of the property. This gave them priority over the purchaser

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Jean,

    No, I don't think there is any legislation requiring this. It is just the banks being overly cautious and trying to cover themselves if things go wrong and then the guarantor starts saying "I didn't know I was a guarantor…."

    There are many cases, often involving sons with immigrant parents with English as a second language, where the banks have lost out.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    If the property is in Victoria you may be in luck as 1 spouse can sell to another spouse without stamp duty.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    And a caveat is not a mortgage and offers no security. A caveat is just a notice that someone has an interest in this property and it prevents further dealings such as mortgaging or transferring title.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Benny,

    No flexibility. What if you used a discretionary trust with a company trustee. You could then distbute income to lower income beneficiaries and still have the benefit of distributing to a company if you wish. You get flexibility.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It will still be difficult even if the purchaser has 5% genuine savings.

    Are you contemplating taking a 2nd mortgage to secure your money? This could make it harder.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It would be very difficult for the buyer to get finance if they were relying on that 20%. I don't know any lenders that would allow this.

    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

Viewing 20 posts - 2,701 through 2,720 (of 16,328 total)