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  • Profile photo of TerrywTerryw
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    @terryw
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    hi Nathan

    If you sell an option you are basically giving away capital growth.

    You possibly could access the equity if the option holder doesn't lodge a caveat but you have to be careful you don't borrow more than the option holder can buy it from you for.

    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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    try http://www.houseofwealth.com.au

    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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    Dave

    Interest is calculated daily and added to the loan monthly so extending the term won't result in reduced interest payments. It may result in reduced overall payments if PI, but you should really look at using an IO loan.

    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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    Don't know the situation in Vic, but you can probably terminate or rescind the contract if there was non disclosure like this.

    $500 pa is probably a reasonable figure for the neighbour too btw as you will be using his land and wearing out his driveway etc.

    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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    Don't assume that the trust assets cannot be touched. It all depends on the structure, how it is set up and how things are conducted.

    I agree with Mike on the bank side however – new trust won't be a problem if you can qualify for finance on your own.

    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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    Yes, they will be able to sell your property and apply the proceeds to pay the debt and legal fees – which will be high.

    If you cannot pay then it would be preferable for you to sell rather than them as the costs and fees would be very high.

    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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    Best to talk to a solicitor.

    You can check out the Duties Act (Vic) – do a search on the word "spouse" to find the relevant section.

    From memory it could be done at any stage.

    Since ownership will be changing you will need to redo the loan for this property

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Probably the loan side of things would be equal.

    Using a discretionary trust would give added tax flexibility though. You need specialised advice though as there are heaps of issues, especially if you end up making a loss.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    bardon wrote:
    It sounds complicated but its not all the banks do it and its just plain vanilla unit trust, you dont need a financial planner but I would recommend a tax agent though.

    Its not just a plain vanilla unit trust either – you would need a special fixed unit trust. If the trust is not classed as fixed the land tax exemption may not apply (in NSW and VIC) .

    You will also need a solicitor to do the conveyance. Getting a private ruling from the ATO can also save a lot of worrying too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    bardon wrote:
    It sounds complicated but its not all the banks do it and its just plain vanilla unit trust, you dont need a financial planner but I would recommend a tax agent though.  Just check if you can refinance the whole amount and get it into your name without incurring stamp duty as Terry W suggested and that would be better way to go, no trust and no Stamp duty. I am in QLD and the trust option was the only way I could make it work up here by having an arms length transaction that would massively increase the borrowings on the property.  From $56k up to $740k.

    Terry, do you know if raj can increase the borrowings in his own name up to the total value of the property with half of the property going back to him ie can his current share of the lending also be increased and classified as an investment in that property.

    a Borrower cannot just increase their loan and get the deductions. The money needs to be purchased to acquire an income producing asset – such as buying his wife's share. But VIC is one, if not the only state that allows spouses to transfer between themselves without stamp duty – whether for investment or main residence.

    In NSW this would only work if there was no consideration and if the wife or husband was being added to title of the main residence.

    BTW, I think this is a major reason to invest in property in VIC. Imagine transferring the property back and forth several times over the years as the value increases with this allowing you to pay down the debt on the main residence (but watch out for Part IVA).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    raj_paras wrote:

    @ Derek & Terryw – I do live in VIC. The house is owned jointly by my spouse and I. Would the spousal transfer still work for my situation.

     

    Its more important where the house is!

    If the house is in Vic then you could transfer your interest to the wife or the wife's interest to yourself without stamp duty – or maybe $50.

    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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    What state is the house in and do you have  a spouse?

    If it is in VIC your spouse can buy it off you for full market value and stamp duty can be avoided. She/he can borrow to do so and this will release cash funds to be paid for the new home and allow the spouse to claim all interest when the property is rented out.

    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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    Some lenders would treat this as resi and some as commercial.

    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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    lukeclayton wrote:

    Regarding the quote “You establish an exact loan balance as at the time the property becomes income producing. This then becomes the full amount of the investment loan. The original loan amount, current as at the time you purchased the property, is not relevant.“ .

    Where did you get this quote from?

    It is grossly incorrect!!

    You can only deduct the interest on the amount of the loan associated with the money borrowed to purchase that loan.

    On the face of it the $300,000 loan may be the portion relating to the original loan associated with the purchase. But you mention using redraw, so if your loan balance ever dropped below this amount then it would be more complex depending on how you conducted the loan. At the very most it would be the minimum loan amount that the loan achieved. But it could be even less if you were putting money into and pull out of the loan again.

    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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    Real estate agents usually exaggerate, so knock off 10% on what they have quoted and that may give you an idea of the value.

    ALso keep in mind this is the sub-divided value whereas you have one block at this stage.

    Without looking at serviceability you could get up to 80 or maybe 90% of the value of the existing block, before sub-division. From this deduct you existing loan. This would be the amount of equity you could access to use as deposits.

    For the new purchase you would then go and get a 80 or 90% lend with another (or same) lender.

    Servicing may be tight as no income is coming from the land and you may be assessed as paying nominal rent depending on your circumstances.

    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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    Yes. Third party from the beneficiaries point of view because they are using someone else's equity

    This could be done by the trustee borrowing and I lending money or the beneficiary borrowing and using the trust property to secure the loan.

    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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    The equity would belong to the trust so it would be third party from the beneficia

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes, if the deed permits.

    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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    You should change your loan to interest only if you are going to use the place as an investment. This will lower the loan amount.

    You could get under 6% with offset accounts – 100% offset

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

    You have repaid $60k. Taking it out will be new borrowings and deductibility will depend on what it is borrowed for.

    2 loans is not much bargaining power, but you should be able to get a much better rate than this.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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