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  • Profile photo of TerrywTerryw
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    @terryw
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    Does the bank specify a clause in the NCC which prohibits this?

    What you have done is use a property you don't own as security. You are a director of a company which is a trustee. So you have various legal obligations and duties both in relation to the company and to the trust. The trustee has allowed you to use the trust property – but does the trust deed allow you to do this? If not, then you have breached your fiduciary duties as director of the trustee company.

    What was the money used for? Trust related? Did the trust pay for the property when purchased from you?

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

    I would think it depends on how far completed it is. If there no occupancy certificate it will be harder.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Yes,, may be limited to loan based on land valuation only.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    will be hard to finance something like this.

    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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    Sufficient for what?

    See the link above for s118-145 . It can be left untenanted forever and still be CGT exempt (under certain circumstances).

    separately, If you are talking about income tax then if it is vacant and you are not advertising then you generally could not claim any interest during this period.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    "The Property Services Compensation Fund (the Fund) was set up to assist people who find themselves out of pocket because an agent or conveyancer, in the course of carrying on the business of a licensee, has failed to account for money or other valuable property held in trust."
     

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Please explain?

    What exactly could be less than 3 months/?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    $3000 is on the high side – especially for an accountant. Don't forget a trust is a legal arrangement and accountants cannot give legal advice.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Nil to $20,000. Probably around $1000 to  $2000 for an average price – set up by a professional.

    Stamp duty in NSW is $500

    Company trustee ASIC fee is about $426 plus cost to set up company

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There is no 3 month time limit. You could leave it untenanted indefinitely and still claim the CGT exemption.

    see s 118-145 subsection 3
    http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Avoid cross securitising at all costs. It is not necessary and can be avoided.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s713.html

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Depends on the wording of the contract. You could word it in your favour with all the money to come back.

    Don't draft it yourself but get a lawyer to do it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There is no requirement to hold an asset for 12 months to make it CGT free. What you may be thinking of is holding for 12 months to get the 50% CGT reduction.

    Main residences are usually CGT free.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Not really any costs. No discharge of mortgage, no agents fees etc. Just conveyancing costs which are cheap in VIC.

    There may be CGT depending on when the deceased had purchased the property, whether it was a main residence or rental, how long since the death and who lived there etc

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Terryw wrote:
    An equitable assignment would be possible. But this would be a breach of mortgage agreement and a dutiable transaction.

    It would also be a CGT event.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    An equitable assignment would be possible. But this would be a breach of mortgage agreement and a dutiable transaction.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Very good point Cherie!

    All should encourage their parents to consider appointing an enduring attorney to look after financial affairs if they are unable to and also a enduring guardian to look after their medical and lifestyle decisions if they are unable to.

    Once capacity becomes an issue then it is too late and an application will need to be made to the Guardian Tribunal or the Supreme Court which will be very costly and may not result in something the person would have wanted.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    One of my mates just lost a lot of money from investing in ATMs. I am not sure how exactly but the company he had contract with went into liquidation.

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

    Usually the name on the transfer will be the same as the name on the contract. This is what is referred to by that phrase "in conformity with the agreement". If a husband signs in his name only and then the transfer is for husband and wife then this would be deemed to be in conformity with the agreement and only a nominal extra amount of stamp duty imposed.

    In your case you would be paying the property and then onselling with a separate contract for the new purchaser who would probably not be related. So this concession probably wouldn't be available.

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