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Certainly stamp duty will vary from state to state.
I think Vic has introduced new rules which would mean stamp duty is payable on the option at the full rate as it you settled on the property – but check this.
in NSW, last time I checked, stamp duty was payable based on the option fee, rather than the value of the property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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The land will produce no income and will drain you until you build on it. The old home could be rented to help with the repayments. But by building you could make more of a gain. Then again, selling you land you will pay CGT, whereas your home will probably be exempt.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Setting up a trust will not help borrowing capacity as the lenders will still lend based on overall borrowings and loans guaranteed.
If you have less debt it will help your borrowing and so will more income. If you are reducing debt it would be good to reduce personal debt because the interest isn't deductible and there is no income produced from the borrowings (such as rent). But if you sell your house and are renting most lenders will take the rent you pay into consideration too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Not everything rises – look at Japan, things have been going down in value since 1990. They have deflation problems!
So you should factor in what to do if values have dropped and one of you wants out.
You probably need some sort of joint venture agreement. I think there is an agreement on lawcentral.com.au called a joint property purchase agreement or something similar. That may help, or give you some ideas anyway. You can register for free and then go through the process of building the agreement without being charged until the end.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Probably. These would vary from state to state, but sounds about right. Not sure on the discharge of mortgage as this would belong to the other party.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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I am not sure., You would have to make sure you get the owners permission to onsell the option with terms for this in the agreement. You could also include terms to cover being able to list it with an agent. Agents would be most concerned with their potential commission and would be unlikely to help out unless they understood the legal owner had given their approval to sell.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Notice to complete means the other party can terminate the contract on the due date if you don't settle. They may chose not to terminate however.
If your solicitor received the notice to complete then they certainly should have notified you. I don't think lack of response to a requirested extension will count towards anything.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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You just sell the property. Find a buyer and then when found you assign them the option. The new person then settles on the contract to buy the property.
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
Another way to get money back to Australia is to set up a US acccount with a ATM card – then just withdraw the money from an ATM here. Charges will vary from bank to bank but maybe around $5.
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
but it all depends on the situation of the person – resi or commercial, company/trust or individual, low doc or full doc etc.
I generally like westpac but their rates are high at the moment. ANZ was good for low doc 60% LVR for individuals, NAB good for commercial and CBA good for nothin.
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
Hi D
You mean the new laws coming in which will mean fin planners cannot get commissions? I heard about it briefly on the radio, but don't know the details.
I guess people will be relucant to go if they are going to have to fork out money – but the irony is that they may be better off under this system.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Sounds good in theory, but what if values go down? I have a client who did this. A friend put money in the deal and he constructed 2 houses and they were going to split the profits etc. Now values have falled and they are in negative territory. luckily there was plenty of equity at the start so they can sell and have some left over, but the investor has caveats on both houses and he won't remove them on the one sold unless he gets $x. So this could make the sale fall over while they argue etc. Investor is also refusing to chip in more money for the big shortfall each month.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Ally11 wrote:Hi, I know I may be dreaming but my situation is this. If anyone can help me I would really appreciate it.I have a home on the Gold Coast worth $400000 which I still owe $225000. Even though my husband and I both work I doubt the bank would loan us more money on the equity. I desperately want to get out of the rat race but I don't want to sell my house. Here is my plan.
Sell half the house to an investor for $200000 and pay them a rent return of $200 a week for two years. This would leave me with only $25000 of debt and $175000 in equity which would put me a better position with the bank to buy a small investment unit up to $150000 Ultimately the unit would then pay for itself and I could do it again.
I have also been offered a chance to invest in a very sucure permanantly rented factory for $100000 that would also cover it's own expenses.
I have just read rich dad poor dad and the 10 steps to investing on this site. I feel like I have to this but I can't see any other financial solution. It said get creative so tell me. Am I dreaming…..
Cheers
Allison
Hi Allison
I think you are dreaming sorry. You want to sell half the house – but what about the title and the mortgage? You would have to find someone with $200,000 cash – otherwise they would need to borrow and you would jointly need to take out a loan. If you have them $10,000 pa that is a return of 5%. They would be able to get this by putting their money in the bank.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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that is like asking which is the best food?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Companies do not receive the 50% CGT discount. So it is generally not recommended that they be used to own assets that appreciate.
Look at using a discretionary trust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Blackhotel
I think 12% is very reasonable. Probably on the low side. a personal loan secured by a car is around 12%, without security it would be much higher, around 16% +.
I think you should try to take some form of security over the business. You can take a charge over the company or take mortgages over equipment etc. If you do this you may be able to take priority over other creditors if the business fails. If you don't you might miss out completely.
as for the interest, you would have to declare it in the year you receive it. If he fails and you don't get your money back then there are special rules about writing off debts.
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
It depends. You could do it in your name and then there would be CGT and stamp duty on the transfer to the daughter.
Or you could use a trust and then just let the daughter take over the running of the trust when you wish – the only trouble with this is it is a trust asset and therefore no CGT exemption. But CGT won't be payable as there is no sale (though it would be payable eventually) and there would be no stamp duty either as there is no transfer.
Either way it could effect the centrelink entitlements. But if you keep control of the trust it may be able to be set up so she gets even more entitlements by claiming rental assistance because the trust makes her pay rent – you could gift her the rent money maybe.
The downside with the trust is there may be more land tax payable and there any losses will be trapped in the trust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Extremely risky to buy a business. So the rate should be much higher than a secured loan.
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've done a $20k cash advance before and then immediately transferred the balance to one of those idscount credit cards. It works ok as long as you factor in the cost of the cash advance and make sure you pay if off right at expiry.
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
If you were to go bankrupt in Australia then all of your assets would be available to creditors – this would include overseas assets such as shares.
You probably could have your Australian discretionary trust own your overseas shares, but i am not sure what tax consequences there would be. Its a complex area and it may be easier to set up a US trust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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