Forum Replies Created
Thanks Vic
A private financier. I was just listening to some Rick Otten podcasts about this.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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No you cannot transfer equity like that.
If the property is in VIC you could possibly sell it to your spouse for no stamp duty. if NSW full stamp duty would apply. But it may still be worth at as your spouse could borrow 100% and then claim the interest.
On a loan $400,000 that would amount to another $24,000 pa in tax deductions (approx).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Cradle wrote:Thanks Terry.I will give that a go. My concern is that all the chumps in the real estate industry tend to look out for their own so it is doubtful. If they will act against the interests of their members.
They do it all the time – ie act on shonks. Not sure what powers they have though.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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If house in VIC one party can sell to the other party at full market value. Probably no stamp duty, and no CGT. Just legals and new loan fees. This will enable you to claim the interest on a loan to half of the value of the house
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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Of course you have the right to modify the contract and you should not be taking legal advice from a real estate agent, especially one who acts for the otherside. You have just been conned..
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
TWH wrote:Not sure if any one else has the problems I have with this site , and right now I am on the wifes computer which is brand new my computer won't even open the site up………………..Jay HinrichsYes, heaps of problems. Especially with unresponsive scripts. Somersoft is a professionally run forum without these sorts of problems
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Vin Morgan wrote:There are other "no money down" initiatives for active investors opposed to passive.This is not a very helpful comment Vin. If you want to attract potential clients you will have to contribute something useful.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I've done it before and was lucky enough to rescind the contract.
Think about the fact that it could hold you back from investing in the meantime because you will have it hanging over your head. worried that if you buy something now you may not have enough capacity for the finance for the one off the plan.
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 just buy something because you are frustrated. Maybe take a break for a few weekends and then get back into it. I know the feeling and have felt it many times before
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
LDNNW1 wrote:Hi guys,I'm new to this forum and looking for some advice regarding the best vehicle and structure for my investment.
At present i am 24 year old Australian citizen although I only moved to live in Sydney from the uk 1.5 years ago.
I have been working full time for the past 6'months as a restaurant manager currently earning around 46000 before tax and super
I have no savings but I have $120,000 gift,from a family member to use a deposit or invest.
I'm also studying full time in sydney. (B bus and hotel management)
As I am not sure i have the earning history to get a mortgage I was thinking of buying some where out right for perhaps 200-250k ( will invest with a family member) and then put the rent into a savings account to add to my Income. My concern with doing this was that the banks will only take half of the rental income but will assess the entire debt. So would a trust or company be a better vehicle in terms of gaining future approval for mortgage.
Alternatively would I have any chance of getting a mortgage with my present situation for the extra 100-150k? For an investment property?
This is just an option I was considering but am open to any form – just looking to make a start and get on the ladder
Anyway I I'm new to the forum and wanted to get some advice on my situation and any other feedback and criticism, other options would be much appreciated.
Thanks in advance
Nick
Seek legal advice on that gift – first thing to do.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
That is very small…
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
jasmeet wrote:thnx terryIn my situation my previous spouse has owned a property and claimed FHOG on that property, but i was not married to him when he got fhog, neither i was on loan papers but was married to him when he sold it.
Best thing to do is to look at the legislation. First Home Owners Grant Act in the state in which you are purchasing.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You could report the agent to the Real Estate Institute of your state.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Qlds007 wrote:Ok thanks Terry see we all live and learn.I was aware a person under the age of 18 couldn't enter into a mortgage agreement but wasn't aware that could take Title of the property.
I was aware they could in certain circumstances enter a Contract but didnt realise that included the purchase of land etc.
Cheers
Yours in Finance
Found it Richard,
In NSW this is probably the relevant act MINORS (PROPERTY AND CONTRACTS) ACT 1970
eg see s20
http://www.austlii.edu.au/au/legis/nsw/consol_act/maca1970348/s20.htmlTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
May I suggest you have a look at two blogs. They have revolutionised my thinking
1. Mr. Money Mustache
http://www.mrmoneymustache.com/
2. Early Retirement Extreme— a combination of simple living, anticonsumerism, DIY ethics, self-reliance, and applied capitalism
http://earlyretirementextreme.com/
The basic idea is to save as much of your pay packet as quickly as you can and invest. Do this by earning as much as you can but more importantly reducing what you spend. If you are able to save 75% of your income then you could possibly retire in 5 years or less.
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 was inviited into a group thing many years ago and didn't join. but the group went ahead anyway. It is very hard to come to decisions when there is a group. It is dedious and then the ones who don't get their way resent the others. This group took many months to just choose the name and they then formed a company. Then they realised finance was the biggest hurdle.
Actually there was a second group that I was involved in. 5 people and 4 all wanted to be a director. I was the only one that didn't want to legal burden. This one purchased a property and 4 of those sucker directors guaranteeed the loan while I didn't. This was for a development deal and also went nowhere because it was just so hard to get people to meetings and to agree on things. Also a silly name was chosen which I didn't like, but it didn't really matter, but I was outvoted. It was also hard to extract money from members. We all had to put funds in and everyone agreed, but then when it was time to do it a few just didn't and it was like getting blood out of a stone….
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Without looking at the legislation…. I think you could possibly qualify if you or your current spouse has never owned property before.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Jamie M wrote:ANZ will let you place the funds back into the loan – but if the balance of the loan goes to $0, the account is automatically closed so the borrower needs to leave a little bit owing.Cheers
Jamie
Hi Jamie
This was a loan increase and I tried to get anz to leave the funds there available as redraw or draw down and pay back in but no luck (just had an idea now – could have paid out as a bank cheque and client deposit back in).
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Qlds007 wrote:16 i think that is an excellent starting age but remember you need to be 18 before you can legally enter into a Contract.I purchased my first property and 18 and have never looked back.
Cheers
Yours in Finance
Actually kids can enter contracts before 18 under a number of circumstances such as if they will benefit from the transaction. There is legislation on this. I forget the name of the act now, but state based..
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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This is called a deed of partition. It has to be set up like you say with each % ownership in accordance with the final land size for that person. Should be possible to avoid stamp duty on the final transfer (or nominal) and a beneficiary is assessed, generally, as the owner for income tax purposes. Legally each person will own the same percentage too so it will be the same.
But the hard part will be finance. Each and every wner will have to guarantee or be joint borrowers with all the others. Joint and severally liable etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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