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  • Profile photo of TerrywTerryw
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    @terryw
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    They have no registered mortgage without this document lodged. But they would still have an equitable mortgage. Nevertheless you could use this as a bargaining point.

    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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    I don't know about claiming GST. But if you buy using a company you wouldn't get the 50% CGT exemption.

    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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    Depends on you do it.

    If you borrow money and place it in a savings account with other funds before using it then it is no longer borrowed money at the time you use 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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    what about paying with credit card first and then paying the credit card direct with redraw>?

    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, you def need to see a tax advisor as you will need to overcome the Personal Services Income Rules.(which could mean any income earned by the 'company' is actually your money).

    Also you should never buy any assets in a trading entity because of the risk involved with business. If the business where to fail you could lose all the assets owned by the business.

    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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    do some research

    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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    discretionary 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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    pauls05 wrote:
    Hi there Me and my ex partner split 6 months ago, she decided to stop paying the mortgage while the place was up for sale, since then the property hasn't sold I have been paying for all expenses and trying to "buy her out" or take over her interest in the loan. I havnt been able to get an answer as to how the process works I simply need her name off the title of the house, is there a way without writing a new loan or having to go to court. She has agreed to all terms due to the value of property dropping below mortgage. Any advice on this would be great, Cba have been hopeless this far. Cheers Paul

    You should really see a lawyer as there are a number of issues here.

    You really need a binding financial agreement to protect yourself.

    Stamp duty could be avoided as it is a transfer on the breakdown of a relationship. The same with CGT (if any), but you would probably inherit her cost base and so may have to factor in any CGT.

    You would also have to be concerned about her not paying her share. Is she in financial trouble? Any possibility of bankruptcy?

    Once you have worked all this out then your next steps would be:
    1. Apply for finance
    2. arrange for the conveyancing.

    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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    It could possibly be CGT free for up to 6 years of your absence.

    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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    Now your thinking

    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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    The trouble with owning a property jointly with another is that when you want to use the equity she will have to agree and participate in the loan. The same with the opposite situation if the sister wanted to borrow you would be required to be on the loan or to guarantee the loan. This would mean you would be both assessed as borrowing the full amount.

    eg, if the property is worth $300,000 and you each borrowing $120,000 then for subsequent loans you will be assessed as owing $240,000 each for this property. And guess what happens if the sister stops paying her share of the loan?

    So there are 2 risks here:
    1. Double whammy hurting borrowing capacity, and
    2 Risk of one party defaulting.

    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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    Jamie posted while I was writing but we have said the exact same thing!

    great minds think alike!

    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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    I am not an accountant but would think that any borrowings you incur now in relation to the property should be deductible (interest  mean) once the house is available for rent.

    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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    If you used all your equity to buy cashflow properties without growth then it would be impossible to go forward unless you could save the next deposits.

    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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    George,

    If you have ever deposited money in the LOC and withdrawn it for personal expenses then your loan will be contaminated. If you keep on doing this you could end up with a large loan with none of the interest deductible.

    However, if you are just using the LOC like an IO loan and then also paying for expenses for the property with the cheque book then it should be ok.

    ie Do not pay anything into the loan ore than the interest. Not even temporarily.

    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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    Australian houses are much more sturdy. eg. I have a house build in the 1960s and it is rock solid. my family has similar aged houses in Japan and they are falling down.

    Many years ago I thought about investing in Japan, but it is just not worth it. No growth. I also recall studying Japanese shares back in 1998 and the Nikkei index was about 15,000 and I thought it may be a time to buy, but today it is around 9,000 almost 14 years later!

    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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    Bank's fin planner? Sounds interesting!

    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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    If CGT applies and you have held the asset longer than 12 months then the CG can be reduced by 50%.

    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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    In Vic transfers between spouses can be stamp duty exempt. But if you are no longer spouses then this may not apply.

    But there will be provision for exemption from duty for a transfer as a result of a break up of a relationship. But to get this the commissioner of duties may need to be satisfied that it is a break up, unless you have a binding financial agreement or a court order.

    So I guess the first thing to do would be to call the OSR and try and find out and to also look at the Duties Act (vic)

    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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    Also, you should be taking IO so that you could be paying off your PPOR faster. Or if you don't have one so that you can save up for one faster.

    Once you have paid off your PPOR you can then start paying down debt on the investment properties as well. (or save into an offset and then have the choice of buying more or paying off loans)

    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 - 5,121 through 5,140 (of 16,328 total)