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No need to nominate it. If you are absent for up to 6 years, and you are not claiming any other property as your main residence you can rent out your house and claim all the normal costs (and declare the rent as income).
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 might be able to do it all without CGT, but probably you could not claim the interest as a deduction if you did this. I don't think the absence from main residence rule could apply.
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
Don't forget stamp duty is a State based tax and the rules differ from state to state.
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
would be better to get the finance done before exchange I think
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
god_of_money wrote:TerryIs that true that in NSW, you CANNOT use financial clause in the contract?
The buyer can only use the cooling off period to organise the finance and building/pest inspection etcHi GOM
You can put in a finance clause under as a special condition.
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
slallen, you may be able to find a private type lender at around 70% LVR – high rates and costs 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
hleung wrote:I still can't understand why you couldn't get out of the contract through the finance clause. You mentioned earlier that the exchanging of contracts forced you to go ahead with the contract – not sure what you mean.If it was subject to finance then she could get out of the contract, but it seems this was an off the plan type purchase. Long settlement. In that case no vendor is going to take the risk of a purchaser pulling out at the last min so they wouldn be unlikely to accept a finance clause, or if they do limiting it for a few weeks.
If you exchange contracts without conditions then you are locked in. If you cannot complete then you will likely lose the 10% deposit and be up for costs of the vendor – legals, advertising maybe and any short fall on the new sale – but often they just take the deposit and forget about the rest.
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
not correct.
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 don't think there is a way to avoid 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
Actually it is generally safe and will probably be safe in your situation – but there could be circumstances where it is unsafe. Its best to be safe than sorry.
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 would only use a loan from a major bank myself.
I think RAMS use the 2 major mortgage insurers and then one smaller one as well.
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 should seek legal advice first. It may be better to keep the existing property as is and then get a new one in the trust.
Yes, it is unsafe to sell your own property to a trust.
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
Thanks Dan.
Being bare hides everything!
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
For a start you will have to get approval from the lender and the mortgage insurer.
Then there are maximum exposure leves, lenders mainly all using the same insurers 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
Under the Bankruptcy Act sales can be reversed. 5 years if a genuine sale or no time limit if you are doing it to defeat creditors.
So it is not safe to do from an asset protection pov.
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
Any lender would look at the credit report of the guarantor too. So transfering it would not really help your situation. Bad credit generally only lasts 5 years on your record so it may even be gone by now. Maybe get your husband to get a copy of his credit report from http://www.vedaadvantage.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
And there should only be nominal stamp duty to put the title into the farmers name and no CGT consequences.
What happened to the opening post?
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
What you could do is to borrow money to pay expenses on the investments. This will free up cash you would otherwise have used and this cash could then be used to pay down the new PPOR loan (or into the offset).
Talk to your accountant about borrowing to pay interest.
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
Low doc loans generally require at least 2 years ABN and GST registration if your business is turning over $75k pa. These days they are also often asking for bas statements too – to make sure what you are declaring is similar to what you are telling the ATO what you are making.
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
Please seek legal advice.
Gifting to a trust may result in no asset protection if you were to go bankrupt.
I haven't written a loan with RAMs for a few years, but they used to be ok with trusts.
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



