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  • Profile photo of TerrywTerryw
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    @terryw
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    Actually I think it should be 1/11th of the sale price.

    You will be able to claim GST on items purchased for the development though. Did you pay GST on the purchase?

    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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    @terryw
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    There are ways to set up the loans so that your first home is not used as security for the second.

    But, if things go wrong then your current home can still be at risk indirectly. Hopefully this won't happen though

    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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    Sale price x 10%??

    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 am only gessing about the stamp duty, you would have to ask your lawyer or look at the duties act SA to much sure.

    CGT may not be much if you only rented it out 6 months. It may not be anything depodning on the other costs and value.

    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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    @terryw
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    Hi Mandy

    Sorry to hear about your husband's cancer.

    What you are proposing won't really work although it may be possible in theory.

    For it to work you will need to find someone with $220,000 in cash wanting to buy half a property – what is in it for them? They will be up for stamp duty and will expect an income return as well. If you were to sell a lessor amount then you would all have to apply for a mortgage and be jointly and severally liable which won't really work either.

    It may work out better to sell outright as Michael suggests. This may help you qualify for rental assistance if you then rent. You may be able to set up a special disability trust for the funds released and these are concessionally taxed and there are special centrelink rules regarding the transfer of money into the trust. If the trust had $200,000 it could be invested with the income going to your husband possibilty tax free.

    I think you need some good advice.

    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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    @terryw
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    Stamp duty would be market rates on the value of the property transferred

    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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    probably stamp duty and cgt

    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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    Never!

    I have an evil iphone and can post from that ok – its just too small. When my plan runs out I will be going for the Samsung Note.

    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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    Solomon10 wrote:
    Yes, i know it sounds pessimistic but i always look for the worst outcome before what is the best outcome. More profit won't hurt, but less profit or no profit at all will definitely hurt the bottom line.

    This is not pessimistic but smart. There are several 'what ifs' that you should ask yourself before any investment.

    Besides the financial ones such as "what if I can't sell" etc there are legal ones:

    1. What if I were to become incapacitated, eg. in a coma
    2. What if I were to die
    3. What if I were to go bankrupt

    What would happen if one of these happened to you?

    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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    Refinancing won't change the purpose as long as no additonal borrowings for private stuff

    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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    @terryw
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    Then it probably will be deductible – or the interest on this $130k – when the property is available for rent.

    The loan balance didn't drop below this level at any stage did it?

    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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    Was the $130,000 used to purchase the house?

    Changing the loan type won't affect deductibility.

    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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    Free advice is very costly!

    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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    No, you cannot repay yourself. I forget the name now, but there is a tax principle that you cannot borrow from yourself.

    You should have borrowed the money from someone else temporarily. This is why it is a good idea to set up a trust to hold your cash so that you can borrow from the trust for situations 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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    You can be both trustee and be a beneficiary but not the Only beneficiary otherwise there would be no trust

    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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    A settlor can be a beneficiary but there are adverse tax consequences so they shouldn’t be.

    The settlor’ role is to hand over $10 or so to the trustee and start the trust. So they don’t need to be trustworthy at all as this is their only role. Usually the trustworthy lawyer or accountant performs this role. As you don’t want a family member to do it for tax reasons

    What do u mean by guarantor? A trust or beneficiary can guarantee a loan for the trust if the lender permits it

    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 probably need to assess how it is and will be expected to perform. If you can get a better return elsewhere then it may be worth selling.

    Also factor in the non deductible interest you could save by paying down personal debt with the money released.
    And if it has only grown $10k then you might have a capital loss which could be used to offset future capital gains.

    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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    Yes that is a tough one.

    What you could do is to set up a LOC and borrow to pay expenses for the property such as rates, insurance etc. This will free up a few thousand each year and will help, but is slow.

    You should talk to your tax advisor about borrowing to pay the interest on the IP too. This will speed things up, but needs to be carefully planned.

    And you have the option of selling to a spouse or just sell on the open market and start again. Best to run the figures

    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 can switch your loans around but the important thing is tax deductibility. Paying one loan out with another doesn't change the purpose of the loan.

    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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    @terryw
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    That’s crazy. A bank cannot make you use a company structure. Maybe they wouldn’t fund it if you bought it in your own name but a company structure is best avoided when buying property. I would advise clients against it

    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

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