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No.
Your super payments must go into a superannuation fund to be held on trust until you reach a retirement age or meet other requirements.
Is your home owned by a superfund?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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It depends. There are bad service lawyers and good service conveyancers. There are also many lawyers that do not know the law and many conveyancers that know more about property law than do lawyers.
I don't think you can expect much service from a cheap conveyancer, or lawyer, as they must do so many deals just to make a profit.
I am a solicitor, but choose not to do conveyancing because it is too much risk and trouble for the small reward. But in the past I have dealt with many solicitors/conveyancers from the otherside and some of them won't even pick up the phone for a solicitor, imagine how hard it would be for a client!
In summary, you get what you pay for.
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
$990 is cheap.
With a conveyancer all they basically do is transfer the title from the seller into your name. No legal advice and no advise on structure such as ownership JT/TIC etc. no advice on contract or special clauses etc. If things go wrong expect to get a lawyer involved too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
ferdinandch wrote:Can anyone recommend me a cheap/standard conveyancer in Sydney ? ThxWhy not use a good one? A lawyer even. There are a lot of cheap conveyancers out around the Cabramatta area, you could probably find for about $800 or even $600.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you are planning to build and sell there may be no CGT, but just income tax instead. This may or may not work out better for you, depending on your situation.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Do your research.
See comments about trusts in general and this trust in particular at http://www.somersoft.com/forums/showthread.php?t=71494
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Good question actually.
She probably can delay or prevent settlement. My guess is that the bank may step in before she steps out.
A relative of mine actually had this happen to him. He sold the property and the woman he was involved with put a caveat, after the sale too I think, and they couldn't settle. He still owns that property today, 5 years later. He ended up being sued in the family court and gave her a payout to get rid of her.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I am not sure what it means exactly, but it seems to be on the certificate of title. there is nothing under notations so this is not relevant.
Do you have a copy of the caveat?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 should see your accountant as it is possible you may pay no tax.
But assuming the absence rule doesn’t apply, then it is worked out roughly like this:
Sale price – Purchase price less costs of buying/selling (stamp duty, agents fees, legals etc) plus any depreciation claimed.
$320,000 – 267,000 = $53,000 less costs, say $15,000 plus depreciation claimed, say $5,000 = $43,000
As you have held it more than 12 months you will get the 50% discount, so this is reduced to $21,500
This is added to your other income, so the max tax you would pay would be around half = $11,000 apprx
Very rough figures though.
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
omegapartners wrote:Agreed Scott. Probably even better if he can find some bum to do the documents for free.What about your mate Lenny? The one that gives tax 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
Yes.
You just to a written loan agreement with mum and dad. Work out the terms of the agreement such as term, interest rate, security (if any) etc
They can charge you interest and you can claim the interest, subject to all the normal tax rules. They would pay tax on the interest you pay them, but if they are borrowing from a LOC they could claim the interest they are paying the bank.
Watch out for Centrelink implications.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Sandra
I cannot see how this could be possible unless the loan agreement was structured so that it gave the lender some sort of charge on the property (which would give an equitable interest).
The Real Property Act deals with caveats at s74F deals with who can lodge one.
http://www.austlii.edu.au/au/legis/nsw/consol_act/rpa1900178/s74f.htmlI guess you would have to look into the case law to see what constitutes an equitable interest
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
The section in the tax act, s118-145 ITAA, allows you to be legitimately absent from your property and legitmately renting it out. No need to have the mail go there if you don't live there.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It is actually not that easy to lodge a caveat. Not anyone can do it, but only those with some sort of equitible interest in the property – in NSW anyway. It can't be lodged by a creditor just because the owner of a house owes them a debt for example (but I hear that this can happen in other states such as Tasmania).
When lodging the Land Titles Office (or whatever they are called now) are pretty strict and not letting lodgment until they are satisfied the lodger has grounds. If someone does get past LTO then if they haven't got grounds they can be sued in the Supreme Court which could be costly.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
found this one on google
http://www.investmentpropertycalculator.com.au/free-australia-personal-income-tax-calculator.htmlThis may help you work out the formula, or may be usable in itself.
And I recall I have used these spreadsheets before. There are heaps of good ones on this website including many property related ones.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
In this situation the CGT could be totally exempt. Under the main residence absence rule. s118-145 ITAA 1997.
It would depend on your circumstances though.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I have often wondered how to do this formula myself. But I am not that good on excel so I would work it out in stages.
there is a way to do it though.
Can anyone else help?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Sorry, still confusing.
A will is binding. The executor must carry out the testators intentions – unless a court declares otherwise.
Wills can have trusts set up in them. The terms of the trust could be discretionary with the trustee deciding who to dstribute to and how much. So a will can be binding, but have a discretionary trust in it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Mate, I don't know what you mean.
Binding financial agreements are usually agreements between parties to a domestic relationship under the Family Law Act.
With Super there are Binding Death Nominations (or Binding Death Benefit Nominations) which is where a superfund member directs the fund to pay their super in a certain way or to a certain person on their death.
Testamentary capacity is having the ability to be able to do a will and understand 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
wade anthony wrote:thanks, that's what i meant. When claiming for depreciation; with the house being ex. ppor does this change things at all or once it is an ip?I dont think 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



