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Don’t forget that you can transfer properties without stamp duty or CGT payable on a separation. But watch out for CGT impregnated properties as you will inherit the debt.
i think in Melb there is http://www.gatherumgoss.com Pat
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Interest would still be a cost even if deductible.
Remember it is legally your property until you settle so you would normally receive any rent.
Maybe they are also trying to buy up neighbouring properties too? development?
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
possibly.
what state?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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ozkar wrote:It’s funny reading posts from mortgage brokers that are working on pure assumption. Not that there is any conflict of interest but I’m sure they will tell you they can do a better deal / offer on a home loan.My wife and I have been an RPM client for some time and many of the posts above are inaccurate. RPM are not mortgage brokers, property developers etc.
They assist clients to reduce their mortgages and build an asset portfolio. I was doing this alone and went to them for advice, it was a less risk option for us as they have a number of experienced associates that they introduced us to.
Our finance is with a reputable bank, we built our investment with a known builder and all the legal and financial advice was independent of RPM. I was happy to pay for some expert advice to reduce the possibility of me making an expensive mistake going it alone.
SHales, I don’t understand your comment about them wanting money upfront. We didn’t pay a cent until we were satisfied that we wanted to proceed.
In the end I’m happy with my decision and have recommended many friends and family.
Nice first post.
Can you tell us if it involves capitalising interest on the investments and directing all funds to the PPOR loan?
Any ATO private rulings provided?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
Interesting situation.
Is it a main residence or investment? Owned prior to 1985?
I think insurance payouts are generally tax free, but not totally sure.
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
All on one title now?
Once you split them you will have 3 titles – you could only live in one. There may be a way to purchase it now with your son on title and then divide the title and move 2 to your name and 1 to his. Possibly no stamp duty if done correctly. Then possible 2 out of 3 CGT free,
You need good advice/
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
You could still pull out within the cooling off period.
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
They are probably wanting to control the property without having to pay the interest on a loan. It may be worth 10% more in 6 months or even more and they could want to try and resell it before they settle.
Unless they specified otherwise you would be getting any rent.
But, becareful. accepting 5% deposit and then what if the other party doesn’t settle? you keep the deposit and have to resell it again. If it is a company purchaser make sure you get personal guarantees, and even then they may have no assets.
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
I was in Shinjuku a few weeks ago – extremely busy place. But I would be worried about investing in Japan because of the lack of capital growth (or decreasing values) and the high taxes.
What would the rental yields be?
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
propertyboy wrote:I want to pursue this.Can anyone recommend a property lawyer in Melbourne?
I really want to speak to someone and see if I have a case? They might say there is nothing I can do. Do lawyers usually charge to hear what a client needs? I want to sit down explain the situation and see if the lawyer thinks they can do something, but I dont want to pay them a fee just for telling them the story. I am more than happy to pay once we process with the claim (assuming they think legally there is something that can be done).
In the meantime, I might put a caveat on the property.
Can I put a caveat on the property saying "title was illegally transferred"? Are there any limits on what you can say on the caveat? If not, whats stopping randoms from just putting caveats on titles and being pests?
Don't go putting caveats on other people's property without legal advice or you could be up for some very expensive costs in the Supreme Court when they remove it. $20k or so.
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
You can always fix later too. At least make sure part of your loan is variable and set up a 100% offset account on this as it will save you interest (esp with a large income).
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
What state?
The people at land titles do a premilinary assessment and wouldn't like any one lodge without at least listing a valid reason. But they wouldn't check the reason. eg. Your ex-lover, Propertygirl could lodge one listing the family law act. But they would have no basis to see she was only a girlfriend of 1 week.
You would have to apply to the courts to have the caveat removed. And could sue for costs if there was no basis for it.
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
propertyboy wrote:Terryw wrote:propertyboy wrote:ledgend80 wrote:From what i have read so far it does not matter with your PPOR but if you want to turn your PPOR into an IP you need to have your loan on interest only and have a 100% offset account so that you do not contaminate the IP loan so you can claim more against you tax.Yeh but if they pay down their PPOR loan they can take out a new IP loan when they decide to buy the IP. I think the only disadvantage is if they want to buy something like a car with cash in between. Drawing out to buy something else will mean they wont get the tax deductability but if they dont intend to do that and want to buy an IP down the track they can just get a new loan.
The future doesn't pan out as expected. You may think you won't need access to your cash now, but in 5 years what if you did want to buy a new car?
I understand, but could you just not refinance whole amount to an offset account loan 5 years down the track? Are there any implications from a tax perspective only in doing this? (I understand theres refinance risk, bank appetite etc etc).
Refinancing to an offset would mean borrowing money to place in the offset. There is no return on this so the interest on this portion wouldn't be deductible
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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propertyboy wrote:Thats the scenario I am in and the bank is not offering me an offset account so I am thinking of just doing that. If I dont intend to draw on the amount I pay down the loan, does it make a difference?Just change banks.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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propertyboy wrote:ledgend80 wrote:From what i have read so far it does not matter with your PPOR but if you want to turn your PPOR into an IP you need to have your loan on interest only and have a 100% offset account so that you do not contaminate the IP loan so you can claim more against you tax.Yeh but if they pay down their PPOR loan they can take out a new IP loan when they decide to buy the IP. I think the only disadvantage is if they want to buy something like a car with cash in between. Drawing out to buy something else will mean they wont get the tax deductability but if they dont intend to do that and want to buy an IP down the track they can just get a new loan.
The future doesn’t pan out as expected. You may think you won’t need access to your cash now, but in 5 years what if you did want to buy a new car?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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propertyboy wrote:Yeh but if they buy a new IP they can just take out a new loan to finance the new IP and redraw from loan on PPOR and put in new investment propertys offset.How would that be better? They would be borrowing to invest in an offset account.
Also it is a big IF. Using my strategy will not cost any more in terms of interest etc and will have a much better result.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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This person is going to be renting their PPOR out. So the loan interest will be deductible. Even if they move back in after 5 years they could deduct the interest during this time.
It is best not to pay down the loan in case they want to buy somewhere else. If they had paid down this PPOR loan (now investment) by $100,000 and had no cash available for the new house they would be in trouble. They would have to reborrow $100,000 from the old house loan and use for deposit etc. The interest on $100,000 would be $7000 pa. This would not be deductible because it is being borrowed for private purposes (even if taken from redraw = new borrowings).
Whereas if they had placed this $100,000 in an offset account they would still have saved the same interest, but when they buy the new house they just use the offset account cash. As this is cash there is no new borrowings. When they take the cash out of the offset the interest on their old PPOR loan goes up by $7,000. Because this loan is now for an investment property the whole interest on this $100,000 is now deductible. Net result is $7,000 extra in tax deductions = possibly $3,000 pa in savings.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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No true.
You would need equity or cash anyway.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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No benefit in having a split loan unless u wish to borrow for something extra .
The idea is to stop paying the loan down, but still geting the benefits of you cash holdings, hence the 100% offset.
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
good luck
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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