Forum Replies Created
Are you willing to go into a loan with someone you don't know? What if they stop paying the bank?
What if they were to die? Divorce? Bankrupt?
vice versa too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Did you live there?
If you did then it could be exempt for up to 6 years. What proof do you have you lived there? What proof would the ATO have that you didn't?
No minimum period.
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
Did you live there?
If you did then it could be exempt for up to 6 years. What proof do you have you lived there? What proof would the ATO have that you didn't?
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
Jamie M wrote:I doubt it – not with an OTP purchase.Cheers
Jamie
But there would likely be clauses which could enable either party to terminate the contract if x is not done by y. x could be registration of sub-division with y being the date.
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
Get some legal advice as you may be able to legally terminate the contract.
If you don't proceed the vendor will often just take the 10% and leave it at that. But they could also sue you for any short fall.
I can point you to a recent QLD case where a developer was awarded approx $1mil for a small unit that didn't settle – value about $600k from memory.
You could be bankrupted from this so seek legal advice asap.
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
No. Agents cannot value properties unless they are licenced valuers. A letter won't even help you. You need a valuation from a valuer.
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
DOUGADCOCK wrote:thanks the bank did the valuation. Yes ill get a completely separate loan for the new property. Is that what you meant by stand stand alone. What i plan to do is get a 95% lvr using the equity from my IP and pay LMI with money i have. Is there any thing i should be aware of before i do this, This is my first time using equity, Will it effect my existing loan in any way with regard to repayments and the like. Any additional information would be greatly appreciatedYou should seek some advice on the tax consequences from doing that.
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 do it until after settlement or you may face the risk of the loan being withdrawn.
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
jared denny wrote:HelloThank you for time you have taken to read this post, any suggestions will be greatly appreciated
For a high income earner say 120kpa is it better to buy positive cashflow IP's or Negative cashflow IP's?, I have read Steve's book and Steve recommends positive cash flow properties, would you suggest they be after or before tax?
A financial advisor i have recently seen says, he would like to see a high income earner buy property using tax and tenants to pay the bills, So negative gear.
If your ambitions were to live mostly on a passive income how would you structure it?
Would you enter cheap with a 50k deposit, or buy in the Bowen for 500k, unit or a house? positive or negative? do you need more of a deposit? is it worth getting in with a lower deposit?
Jared. from this post it sounds like you don't understand the concept.
From an income tax perspective It would be better to positively gear every time because you would be making money.. But this is only part of the story. You will not get rich from positively cashflow alone – but probably worse off in the long run.
Capital growth is what you should be focused on. This is where you will make money. Aim for high rents as well. Rent is income and you want as much of this as you can get. If you get high growth with positive income this would be even better.
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
Coota wrote:Have emailed a letter of offer to an agent for x dollars which is valid until 5pm Jan 30th,true to form agent has come back with reply belowWe will need to provide your offer to the vendors for their consideration as it is below asking price.
In order for your offer to be given the very best chance of acceptance we suggest presenting it in a signed contract of sale accompanied by a cheque.
Now am I correct that this would only give me a 3 day cooling off period once this has been signed?
I was thinking of offering say a $2,000 holding deposit until building inspection,finance approval and bank valuation has been completed as I don't want to go unconditional until this has been all completed which of course will take longer than the 3 day cooling off period.
Am I on the right track?
Appreciate any feedback
Michael
This is a vague offer as all the terms are not included. An agreement to agree maybe.
Having a proper signed contract submitted would make it a serious offer – but if accepted you would be locked in to a contract so seek advice.
You can also agree on many htings such as extending the cooling off period or having it subject to finance. Get your lawyer to add some clauses before you make your offer.
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
Catalyst wrote:That's why I got you to do mine Terry.

Well, I hope it won't be needed for many years. And, I wonder who you really are Catalyst????
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
Wills are another DIY thing that the individuals usually stuff up, or do in a less than efficient manner.
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
Wonder how SMSF trustees ended up investing in these. Wonder what sort of commissions were paid to advisors.
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
Lawyers actually make more money from the home drafted wills or the will kits as they often lead to expensive litigation. Supreme Court action is not 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
I've seen several people set up trusts incorrectly. They thought they may save money by doing it themselves but each time it has resulted in tens of thousands of dollars in lost tax, legal advice etc to fix.
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
Looks like the content of that post has been copied from
http://www.barclaymis.com.au/?page=item&title=Break-Lease-Fees-are-Fixed
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
A miight be better to sell the land to his builder friend after the house has been knocked down because the value would be lower – probably wouldn't work out if you were intending to finance it etc.
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_so_lucky wrote:Tell me about it

Although the Stamp Duty topic is not about me. Phew!
With the investment property, if the person has owned it for 10 years, but has only lived in it for 5 years, the other 5 years it just sat there, wasn't being rented out or anything. When the person sells the house, will they have to pay 100% of the CGT or 50% because for 50% of the time it was their primary place of residency?
This would depend if it was a main residence first – probably not from your first post.If wasn’t you main residence first then it would be apportioned over time. Once it became the main residence if it was then relet then there would be 2 parts to the calculation. First period would be apportioned over time and the second period would be on the growth after moving 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
Antonio Santolo wrote:T
Why not shame him, it will help others from getting treated like that.I’d get some legal advice before doing this
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
I do some work for House of Wealth sometimes and would recommend them. 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



