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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    N

    Since dad and mum own 50/50 dad would be buying mums share for 500k. Not the full million. Stamp duty would be on the transfer of the 500k transfer. Cgt may not apply if it was a main residence.

    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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    Reducing transfer amount means reducing loan which means less interest and less money freed up for the new ppor.

    You will need a valuation for stamp duty purposes too

    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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    Yes.

    Sell all or part of property to spouse and have spouse borrow to purchased. If the property is in VIC then it could be done without stamp duty.

    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 should add that my balance on that 3.99% for the life of hte loan was $24k. I just paid it out because rates had dropped and I rang up to close the card. They offered to send me a cheque for $24k and give me 3.99% for the life of that repayment of the $24k. They are hoping you will be tempted to use the card for something else and then get on the 20% pa cycle. I declined their offer.

    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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    Sorry, my mistake

    Your biggest problem would be getting credit cards with that large a limit. If you could do it then it may work. You would then refinance the cards with another lender. I did this once with one bank, got a $20k cash avdance and then transferred the balance to another lender for 3.99% for the life of hte loan. This was when interest rates were higher too, so good savings. I bought a car with the money

    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 will find anything except a cash advance is a transaction that qualifies for the interest free period. You could buy a car or a house on credit card (one of my clients had $250,000 in credit cards!) but when you buy the merchant will charge you a fee of around 1%. So on a $200,000 house the fee would be $20k which would defeat the saving of interest.

    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 leads from my aggregator either.

    You will find most of the leads you could get from a franchise would be a waste of time too. You will need to concentrate on your own leads and separate the tyre kickers from the real ones.

    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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    Just remember the more money you chip into the purchase on an investment the less you will have for private purchases. This means you will have to borrow more to purchase your PPOR down the track. More non-deductible interest.

    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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    Sounds good, but I think you will find it will be very hard to get it revalued at much higher than you paid for it. For the short term any way.

    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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    In that case, then since the first property and the second property will become an IP it doesn't really matter which way you go. You would take the money from the offset or from the paying in and redraw.

    Is there any chance one will become a main residence at some stage? If so you may want to aim at reducing this loan and maximising the other.

    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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    David

    Sounds crazy. You would be giving too much away for little return. My aggregator provides all those services too – for free mostly

    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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    Ideally
    1. no
    2 no
    3 no

    Borrow the deposit if you have the equity.

    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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    New drawings = new borrowings so if you borrow for investment the interest should be deductible.

    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 could possibly avoid CGT depending on the circumstances

    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 was the trust. The trustee is a separate issue.

    The trustee can be a person or a company (or combo). A company needs to be registered with ASIC as Luke mentioned.

    There used to be an advantage to register a company in VIC. This involved stamp duty savings.

    For the trusts some promotors reckon setting up in South Aust is the best because this is the only state not to have a life limit on trusts. Elsewhere trusts can only last 80 years max and then their assets must be transferred to beneficiaries (CGT and stamp duty).

    But the law is unclear if SA can really produce trusts with unlimited life. What needs to be done is unclear. I would think the trustee would need to be resident of SA as the settlor and possible the trust assets must be located there.

    You should seek advice before setting up a trust as the legal ins and outs are very complex

    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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    Trusts are usually set by by a settlor giving a trustee $10 or so and asking them to hold it on trust for a group of beneficiaries. The terms of the trust are documented in a deed and this deed governs the actions of the trustee and specifies what they can and cannot do – such as borrow money, mortgage trust property, invest in businesses etc

    The deeds are not registered. It is just a private arrangement really. In some states such as NSW stamp duty must be paid on the deed and this is $500 if the settled sum is just $10 or a nominal amount. This is done at the Office of state revenue. You post or take your deed there and they will stamp it on the spot. They don't read it or keep a copy.

    Where a deed needs to be stamped will depend on the location of the parties. I think the rule is that if any one of the original parties residies in NSW then the deed needs to be stamped here, eg settlor, or trustee etc

    Each state has its own legislation regarding trusts – Trustee Act in NSW, Rules are different in each state too. So the trust deed needs to specifiy the governing laws – ie which state. This is separate from the stamping and could be different.

    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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    Post Count: 16,213
    JT83 wrote:
    Evening all,

     
    For all-I can confirm (through my discussions with my accountant) that in a situation we described above – where you move out of your PPOR and the rent another home you will not pay CGT if you sell it for a 6 year period after vacting it. The ATO still considers it to be your PPOR for that 6 years provided you do not purchase another home to live in . The story changes if you do that.

    Cheers

    JT 

     

    Not in all situations.

    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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    I believe that trustees do get a separate land tax threshold in qld but am not sure on the details. In Nsw a discretionary trust gets no threshold so using a trust may result in more land tax there.

    Trust assets don’t belong to you. So they don’t form part of your will. You need extra planning on succession with a trust when you die but there would be no cgt or stamp duty. There would t be any either if held in your own names. One advantage in your own name is that Eli could pass on to your kids in their own names so that they could live in the house cgt and or to a testamentary trust at death which may have more tax advantages.

    Many other things to consider too

    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 suppose market rates would have been paid for the 'business' – whatever this was.

    The liquidator will probably do little investigation without the creditors funding it. Investigations cost money which means less money for creditors.

    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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    You haven't given enough information to make an informed assessment.

    But, think long term. Consider all issues, such as land tax, income tax, CGT, death, asset protection etc.

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

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 4,241 through 4,260 (of 16,328 total)