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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Certainly not a scam. This has been around for hundreds of years.

    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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    Post Count: 16,213

    Joe, generally a LOC slighly higher.

    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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    Consider structure set up too.

    Future deductibility, savings, CGT etc. It may be posisble to set it up so that the first proeprty could be CGT free by simply living in it briefly.

    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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    Property is subject to CGT. One exemption is for main residences. If you can establish it as a main residence first and then move it and don't rent it it could be exempt indefinitely.

    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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    I would prefer a LOC initally so as to maintain deductibility. A standard loan will cause problems unless you can directly access money available in redraw.

    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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    It is very rare for a val to come in over purchase price. I had one once with a unit. Similar unit next door sold for about 20% more. The bank was able to give a 95% LVR loan based on pp, but not LMI because they are able to base this on valuation.

    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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    Sounds like your broker is not capable – make the switch sooner rather than suffer the consequences of more hits on the CRAA etc

    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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    It would be the lower of the market value or contract price. If you buy if for $95k that is likely the value that it will come in at

    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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    Freckle wrote:
    Terry can confirm but the owner and agent are required by law to disclose anything and everything that is material to the sale. Any component of the property be it the house, out buildings, pools, verandas etc etc that have been constructed without council approval IE a permit effectively renders any contract null and void.

    Not necessarily in NSW. If the thing that is not disclosed is known by the other party then they can rescind the contract in x days, but if they chose not to, or until they do it would be binding.

    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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    You need legal advice in relation to succession, bankruptcy, family law and most importantly taxation. You each may need separate legal advice too.

    Sorry, don't know anyone down there.

    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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    Cancel the contract – then read it – and make a new offer after getting advice from your solicitor.

    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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    OMG a conveyancer advising on asset protection!

    A conveyancer can transfer title but what about the rest. If you stuff it up you won't be able to claim any interest.

    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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    Why are you doing this?

    You should not use a conveyancer as your need additional legal advice in relation to estate planning, taxation, equity, family law and insolvency, stamp duty.

    In Vic it can be done with nominal stamp duty, but if it is being done for investment purposes any interest will only be deductible if one spouse borrows to buy the other spouse at full market value.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Sash wrote:
    Hi Finance Guru’s,

    I’m have run into a big issue regarding my development. I have just had an extremely low valuation come in and the lender has not instructed the valuer correctly. The deal is supposed to be assessed as completed or end value and 3 separate units on 3 separate titles. Instead it has been valued as 3 on 1. Obviously there is no comparable sales for 3 dwellings on 1 title. What puzzles me further is that the permit clearly states that throughout construction the subdivision will be carried out and titles will be lodged accordingly. So why aren’t they following these instructions approved by council? Val came in at $615

    They also did a ‘if subdivided’ scenario which came in ridiculously off the mark also but I guess that’s a different story again. Val came in at $740

    Existing loan: $306k
    Construction: $370k
    Reno: $15k
    Interest through construction: $15k
    Total funds required @ 90%: $785k minimum

    I have no idea how they come up with there figures. With a touch up, the existing house wont drop $80k off the purchase price of $320k. It would sell for $280k. There are comparable sales on RPData for new units that are single story, single bath 2 bed in the same suburb for just over $300k. Mine are double story, 2 bed, 2 bath and better design… How does that work? Obviously they’re on separate titles but people don’t usually subdivide etc prior to developing from what I’ve been told.

    So my question is what do I do? This is my first development and I have 2 other sites ready to go with plans and permits depending on this deal getting up and going. PLEASE HELP!!!!

    Sash

    Sounds like you are out of your depth and too highly geared.

    What do you mean they were supposed to value on end value and separate titles?

    Will be very hard to get this over the line I think.

    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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    ChrisA1 wrote:
    Many thanks Terry,

    You jolted my memory about capital improvements. Could you please expand on the capital improvement and any implications from a tax point of view? 

    The neighbour is organising the fence replacement so the quote (and receipt) will be in their name. Since I will be keeping the invoice/receipt to add to the property costs (even though the total cost is $800-900 and my cost around $300), wouldn't I need the invoice in my name??

    Items of a capital nature could only be depreciated rather than claimed outright. that is a portion of the cost claimed each year for x years.

    You should only hand over money on the production of a tax invoice – from the person you pay.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    Post Count: 16,213

    Yes def get it all in writing.

    The fence would probably be a capital improvement and depreciated.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    As long as you made no representations it will be difficult for them to get anywhere. Of course they could still sue you, but this doesn't mean it will go anywhere.

    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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    Michael,

    There is an interesting QS/Tax question here which you may be able to answer if you have time:

    http://somersoft.com/forums/showthread.php?t=85211&page=2

    quote

    lets say you had a rental property that was damaged and needed partial or full replacement. Insurance pays out and reinstates/repairs. Does your now higher depreciation on the new property come to you as the owner, or does it remain at the old property rate?

    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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    CGT may not apply as your intention is to sell at a profit.

    Unit trusts can only distribute income in accordance with the deed which will be a fixed percentage based on unit holdings. Maybe look into discretionary trusts.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    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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    kat13 wrote:
    Nope no cash at the moment…..and I am off work for maternity leave.  My plan is to finish uni – June 2015 and then will be at work fulltime so can service any extra's in loans etc…hence why I want to do this at that time and not now.

    In that case you will have little choice but to borrow 105% of the value of the new PPOR.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 3,041 through 3,060 (of 16,328 total)