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You could borrow up to 90 or 80% of the value of the property less your other loans.
The interest rate would depend on which product you took.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You must also expect to pay brokerage for such a deal as the broker will make no money from the lender.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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There are very little ways in which you can protect assets in family law situations. Transferring assets won't help.
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
If you consolidate then you will be joining both loans together. You can also get a separate amount of credit available, this is best done as a separate split.
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
main residences are usualy cgt exempt so generally no cgt payable
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
TD51
Capital Gains: What factors are taken into account in determining whether or not a dwelling is a taxpayer's sole or principal residence?
http://law.ato.gov.au/atolaw/view.htm?locid=cgd/td51/nat/atoThis document has now been withdrawn.
But you can still view it here
http://law.ato.gov.au/atolaw/view.htm?docid=CGD/TD51/NAT/ATO/00001&PiT=19920326000001you will gets some idea
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
There is a tax ruling on what constitutes a principal residence. You should look up that on the ATO legal database and go from there.
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
Wow
Firstly, trusts won't help you are all with family law type asset protection – usually. This was found out by one of Australia's leading trust experts a few years, a barrister called Dr Spry.
A bare trust is one where the trustee has no powers. A just holds the legal title for B.
Your situation is messy and you need legal advice. Simplest would be just to leave as is and open a new account and deposit the cheque in that or get the cheque made out to your mum.
You also need to look at the trust deed and see if someone else is able to hold trust assets.
Also, I hope you mum is not going to be getting the pension anytime soon as all this will affect 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
Sorry I should have wrote "shouldn't" !
ie should not be a problemTerryw | 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
Sorry I should have wrote "shouldn't" !
ie should not be a problemTerryw | 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, should be a problem joining 2 loans relating to the same property.
RAMS would have to reassess you and your property and increase the loan with the money being used to pay out westpac.
But take this opportunity to reassess your loan with rams
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
There is more to it than just changing your IDs too.
There is a case in Vic, relating to the FHOG, where someone did that and didn't actually live there. This was proven as the electricity usage showed virtually no use during the period it was allegedly the main residence.
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
That would be a shock to the system.
Was it an error? Or did you negotiate a 0.9% discount and do you have evidence of this?
The contract would allow the bank to vary the interest but the wording is probably such that it is 0.90% off the variable rate so they would have little room to move. Sounds like a binding contract. I am sure if it was the other way around – where you agreed to pay an extra 0.90% then they would be acting differently.
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
How do they take 28% of the principle and divert it to the shares? Possibly by making you pay extra or having the loan as interest only.
If they could do it you could do it.
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
If the trustee changed but you kept the title ownership as the previous trustee then that person would be holding the property as bare trustee for the new trustee.
I can't really see a point in changing trustees unless the ownership changes too. Why do you want to change from your mum to you?
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, probably correct (without knowing all your details).
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
Not usually. This would just be a change in legal ownership with the beneficial ownership remaining the same.
But watch out for stamp duty and other hassles changing the names on title and redoing the loans.
Consider having a company as trustee as it is easier to change control but keep ownership the same.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
73% of the combined loan as this relates to property A. The other 37% relates to property B.
So if you move into property B then only 73% of loan 1 would be deductible and this would be against property A.
Since you would be living in property B, the PPOR, none of loan 2, the 37% part, would be deductible.But if you moved out and rented both then the whole loan would be deductible with 27% being attributed to property B.
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
learning curve2 wrote:…is it true that i can move into Property B for a few months (to gain the CGT exemption) and then out again returning it to be an investment and the interest on Property A becomes deductible again?No.
Whether you move into B again is irrelevant to claiming the interest on A.
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
That is a question that only you can answer. There are not just tax issues but lifestyle etc.
If property B was rented then loan 2 would be deductible too because it relates to this property. If you move in and out again you may still be able to claim the main residence CGT exemption.
I think it is best to not pay off loans. Imagine if you paid off the loan and then moved out again buying a new PPOR. You would have no or little deductions on that property while having a high nondeductible loan on the new PPOR.
Try an IO loan with a 100% offset to keep your cash in. You could end up paying no interest while you are living and then then when you move out move your money from the offset or keep it there depending on your situation.
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



