Forum Replies Created
Why would you use a conveyancer? Use a lawyer as it sounds like you need legal advice.
Why is no money being exchanged? What are the various legal implications of this – bankruptcy clawbacks, estate planning. eg. if you die within 3 years the transfer could be voided in some circumstances. If the transferor goes bankrupt the transaction could be undone – possibly indefinitely.
Tax implications….
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
Transfer to a related party?
It is usually the date of the contract that counts and not the date of the transfer. If related party there may be no contract – but there could be.
You will need a valuation for stamp duty purpose if related party. Council rates valuation probably won't do as only covers land I think.
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
Why pay the $200k into the investment loan. Have you considered just using the offset. Once it is in the loan there are tax consequences if you need cash again.
If you sell your PPOR and buy an investment you will be losing the CGT exemption. Are you aware of the 6 year rule – could rent out PPOR for 6 years and still class it as main residence and avoid CGT.
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 can gift it to your wife – your share.
But, you should seriously consider some asset protection strategies when this happens. There are a few strategies which could be implemented cheaply and with potential tax benefits too.
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
And don't forget GST.
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
Much better now. Hasn't given me an 'unresponsive script' warning yet. I think it was the badgeville links that was causing this.
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
MRCCON wrote:Terry, do you essentially get a "double deduction"? Is that possible?Say, draw from your line of credit to pay for new carpet.
You claim depreciation on your carpet, as well as the extra interest on the loan?
Yes. And the cash you would have used to purchase the carpet would go into your offset account on your deductible home loan which would save you interest.
So you are saving non deductible interest and maximising deductible interest
Saving tax in 2 ways.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
Increasing existing loan to buy the new house won't mean increased deductions as it is private borrowings.
Is the house located in VIC? If so you could possibly sell to your spouse or sell your share to your spouse who could borrow to purchase. Cash released goes into the new home and interest on the loan is deductible. No Stamp duty in VIC and possibly no CGT if it was the former main residence.
You need to do the calculations, get legal advice and tax advice and redo the loans. Would be relatively cheap.
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
Yes it is generally better to borrow to pay for all investment related expenses, including furniture.
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
Interest on money borrowed to invest is generally deductible, but this will also depend on how the transaction was structured.
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
At end of day landlord responsible to provide working toilet. But try to ascertain the cause. maybe tree roots? happened to me recently.
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
Maybe all in wife's name. Make sure you are able to change % without incurring stamp duty and you have to let your bank know asap.
On that wage you should be able to put heaps of cash into the offset so positvely geared. Wife could earn up to $20k no 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
E Wolfe wrote:thankyou Richard…which lenders would lend 100%? Are they banks? After watching 4 corners last weekend and seeing people's life savings being robbed off them by investment companies that then go bankrupt, it would be very hard to know who to trust, especially if they were to offer to lend such a high amount, immediately I would be concerned, I think. Perhaps it is just that I know too little to see the whole picture.I know of one bank which indirectly allows borrowing of 100%, or even more. But you would need some money to get started.
I wouldn’t worry about them stealing your money in this instance as it would be you who would be borrowing their money with the bank taking the risk.
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
wilko1 wrote:How about remortgaged ? Ie property owned for 10 years in smsf and then they start a new non recourse loan with another bank?Only refinanced to the exact same loan amount – same at date of refinance not the original loan amount.
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
Hi Ross,
You don’t need title insurance, but it is good to have if something goes wrong. Do a google on “black v Garnot” . No way to protect against this sort of thing other than lodging a caveat on exchange.
Conveyancers really are just for ‘conveying’ the title. lawyers can do this but also have more extensive legal training in relation to property law and other areas of property.
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 answer will be in the Duties Act QLD.
If NSW stamp duty could be payable if changing the trustee results in the beneficiaries of the trust changing. You should find the relevant section and also read your deed and see how it is worded in this regard.
You could also try wrting to the OSR and attaching a copy of your deed and see what they say.
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
What if the property you are buying is 'stolen'?
Or if a creditor of the seller where to put a writ on title after you exchange but before you settle such as in Black v Garnot? You could hand over the money and then not be able to register the title!
And, why are you using a conveyancer and not 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
You cannot increase a loan in a SMSF of use the equity in any way. super owned property cannot be mortgaged.
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
Charlie manly wrote:Am I right in thinking you can setup SMSFs Terry?Yes, as a lawyer I can set up SMSF and provide legal advice, and I am in the process of registering as a fin planner so I will be able to give financial advice and provide a Statement of Advice (SOA) as well (soon). I can also provide taxation advice and estate planning advice. And I can also provide Finance advice as a mortgage broker as well.
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
And if you are a member of the Taxation Institute you may have Taxation in Australia journal:
Wallis, Chris 2012 Accountants cannot give legal advice: what that means for them, their clients and the lawyers Taxation in Australia Vol 45/10http://www.justtax.com.au/documents/0010ip_bluejournalmay11wallisarticle.pdf
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



