Forum Replies Created
Just in case you are not aware the stamp duty on this purchase is likely to be on the combined value, and not on the individual units (which would be much less).
I worked at a law firm where the principle didn't know about the aggregation of stamp duty and got it wrong by about $50k.
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
You cannot prepay any variable loan. You would need to fix the loan for at least 12months (otherwise the rate could change and the interest prepaid will be too much or too little). IO can be prepaid
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 the sums and work out which will make you the most money quickest. Then also factor in the non-monetary factors such as moving, convenience of office etc.
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 beleive new land = GST.
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
Cheeky.
Paul, have you got a reference to that matter?
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
ChristinaM wrote:Terryw wrote:If you take this $40,000 out of the loan it is new borrowings and the interest on this new loan would only be deductible if used for investment/business purposes.
I do not understand this part. How come this 40K redrawn from the loan becomes a new loan?
doesn't redrawing of 40K mean that the principle of the loan now becomes 100K? it's within the loan and doesn't create a new loan…Does it make a difference if you redraw 40K from the loan, which is for an IP, and use this 40K as the deposit for a new PPOR?
Very confusing…probably need to use an example and go thru the Math…
I think it is pretty straight forward.
Deposit into a loan = repayment
Withdrawal from a loan = new borrowings.From a tax point of view it makes sense too. You originally borrowed money to buy a house. You paid the loan down. Now when you take out the $40k what will you be using it for? the purpose is diffferent and this will determine whether the new loan is deductible or not.
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 a solicior based in Sydney, but am not taking any clients at the moment. I would recommend Anthony Cordato as someone who knows property, options etc well. I think his website is http://www.businesslawyer.com.au
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
Withdrawing = borrowing.
So if you took out money for a new PPOR purchase the purpose of this new borrowing is private so the interest on this portion woudn't be deductible.
eg You start of with a $100,000 loan and then come into $40,000 and pay the loan down to $60,000. You have $40,000 in redraw.
If you take this $40,000 out of the loan it is new borrowings and the interest on this new loan would only be deductible if used for investment/business purposes.
Had you used an offet account your loan balance would still be $100,000 (but you would only be paying interest on $60,000) so you would not have a problem.
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
RobbieP wrote:On the same note..Are you able to make ammendements to a signed Offer to Purchase document?
In South Africa we were able to get the seller and buyer to sign an Offer to Purchase, which would be presented to the attorney handling the transfer.
After the OTP was signed by the seller and buyer, there might be a reason to make amendments to that document. For example, the agents commission might be changed or perhaps the buyer and seller decided to add or remove items specified, such a adding or removing maintenance work.
Is this possible?
Once an offer is submitted and accepted there would be a binding contract. But it is possible to amend the terms of the contract if both parties agree. Agents commission would be subject to a separate contract between the seller and their agrent.
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
RobbieP wrote:Thanks Terry, much appreciated.Who would be a good person to speak to to get an Offer to Purchase template or Option document drawn up?
Are there any legal guys on the forum who can assit me?
Your solicitor should be able to draw an option up. You would generally need a contract of sale attached to the option so it wouldn't work with just submitting a standard option agreement.
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
You could approach another valuer and order one yourself. Before this ask him which lenders he can value for and make sure one of the lenders is one you could use. If it comes in good you can get the valuation reassigned to the lender.
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
Youc an do the same thing here.
Get a contract signed by the seller and then you delay in signing. You can only enforce a contract if you have the other person's signature. You can also exchange contracts subject to various conditions such as finance etc so you can back out.
You can also use options. This will give you the ability to pull out but lock the other person in. You can also assign an option to another person with minimal stamp duty.
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
propertybee wrote:TerryW, how can withdraw the offer? please tell me the steps to do this, I am here in perth; deposit is not pais yet. Please tell me the details of the steps of withdrawing the offer with a view of either a. to withdrawq completely from these purchase. b. to making changes to the contract with the intent of going ahead with the purchase if all is positive. Can you tell me the possible pro and cons of either options 1 or 2?I asked the WA consumer protection office, their advising officer told me that there are only two ways I can get out of this purchase: 1. that there is no contract legally 2. a court order. I am now looking around for legal advice. I have not received any documents yet from the agent and therefore does not the exact details of the offer document and its conditions that we have signed.
Sorry for the late reply
To withdraw an offer you just notify the other party and tell them you withdraw your offer. This should be done in writing and preferably by some method in which you can prove the communication such as via fax.
BTW you can only withdraw an offer until it is accepted. Once it is accepted you have a contract.
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
A redraw is nothing like an offset. Money taken from a loan is new borrowings.
If you have paid money into a loan then you cannot get it out without tax consequences. Even if you move banks now you cannot take the money out without tax consequences.
BEst thing to do is to let the loan captialise if you can (becareful of bank classing it as missed repayments).. See an accountant to set something up. Maybe you can move to a new bank and set up a split loan. Use portion of loan B to pay the repayments on loan A.
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
RobbieP wrote:Hi Kong,Whats the longest term mortgage you could get for a variable IR?
Regards,
Robbie30 years generally. There used to be some 40 year PI loans too
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
With a hybrid trust people own the units of the trust. If you borrow to purchase income producing units then the interest would usually be deductible. This allows negative gearing in the trust.
But because you own the units when you sell the property they trustee must by the units back. The units would need to be bought back at market value which would be the value of the property in the trust. Thus the individual would pay CGT on the sale of the units to the trustee. The trustee would then sell the property and pay CGT as well. This is supposed to be a workaround so that 1 CGT is payable. But there are questions about this.
Because you own units in the trust you are exposed. Units are considered property under the bankruptcy act. So if a unit holder were to go bankrupt they units could fall into the hands of creditors. This is not the case with discretionary trusts as there are no fixed interest. If you were to go bankrupt the bankruptcy trustee could step into your shoes and he would only have the same rights as you had – to be a considered a potential beneficiary of the trust. A trustee would be crazy to distribute him any money though and could use their discretion not to.
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 don't like hybrid trusts because of the double CGT when you sell a property, lack of tax flexibility and lack of asset protection. Also financing is a problem.
If your husband is on a high income what about, assumng you have paid off your home, using a discretionary trust and him gifting income into it. It won't save him tax from his work, but will get the money into the trust for long term asset protection and tax savings. If you haven't paid the home off first, that should be a priority, generally.
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 shouldn't matter how old they are. What matters is which one is going to give you the most profit. Tax is one small consideration, but the main one should be which will give the highest capital growth and the highest rental yield.
An older property may mean slightly less depreciation over the long term. This shouldn't make much difference to you as it also means items will wear out quicker and need replacement quicker 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
Or, buy one property undervalue for cash. Then 'do it up' a bit and then mortgage it. Hopefully you will get close to 100% of the purchase price – assuming it has gone up 20%. Release the $200k cash an repeat the process.
(make sure you get a broker first as it may be difficult to release $200,000 cash)
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
Generally there would be little problems until you are sued. Then it is too late.
After w whle tax problems will build. Rents increase over time and an individual will ended up paying a lot more tax – which is good as it means you will be makin more money, but there is little flexibility to reduce or mnimise this. This is why some people describe buying in your own name as a tax time bomb.
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



