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  • Profile photo of TerrywTerryw
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    @terryw
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    YI

    You cannot claim conveyancing costs against income – only against the CG when you sell. They are a capital cost. Richard was talking about loan costs.

    Of course if you borrowed to pay the conveyancing costs you could claim the interest.

    And if there is something you have missed you can amend a tax return for up to 4 years previous.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    YoungInvestor wrote:
    What if it was used to pay stamp duty and other costs associated with acquiring the property?

    yes, you can claim the interest on borrowings used for business or investment purposes. This would include anything bought for the property so if you were to borrow to pay for stamp duty or rates etc then interest would be deductible and this frees up the cash you would have used to pay off your home loan soon. This is an important concept to grasp.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    YoungInvestor wrote:

    Was the 105% loan entirely deductible?

    If was was used entirely for investment it would have been

    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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    Do you know what you are doing? All the roles of the trustee, appointor etc? If not it may be best to get some advice of you could make costly mistakes

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes pretty much the same. It can be a bit more difficult if you have a corporate trustee, especially with low doc loans.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    No, you cannot transfer without stamp duty and CGT would be pyable if the place was a rental property. Also the lender would require you to discharge the loan and reapply for the new loan as the ownership would be changing.

    Why not keep it as is and claim the main residence CGT exemption. Get future ones in the trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I personally can't see much point in using a unit trust as there are not tax savings and no asset protection. You might as well buy in your own name. You could borrow to buy the units though.

    One advantage, however, of the unit trust is that you may be able to transfer the units to your SMSF without stamp duty later on.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    in the good old days there was such a product. There were loans of 105% or even 110% of the value of the security – ie one one property

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    and try http://www.lawcentral.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It is just a 2 page document – you can find it for free online. Needs to be witnessed by a solicitor – not sure how you would go with them overseas. I think maybe an overseas lawyer could witness.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    In that case it may be best to wear the stamp duty and get out, save your credit rating and get back on track.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Vitaliano wrote:
    DWolfe, no worries hijack all you like…..just dont terrorise!

    I get you Terry. but my PPOR will be turning into an IP in 5 months (to satisfy the FHBG) and moving into parentsto save and get more IPs.

    I too have been told by my MB to get at least 10% deposit, legals and stamp duty in order to get my loan. I dont know where i can get a 100% loan?

    anyone want to help me?

    Your borrow the deposit from the equity in existing properties.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you have equity you should set up a new loan and borrow the deposit while placing the cash you would have used into decreasing your non-deductible debt. The net result is a overall loan of the same size but reduced non-deductible debt = more tax deductions. If you don't do this you are really throwing money away.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Vita

    Think about deductibility. You will have a smaller deductible loan and a larger non deductible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Hi Andy

    If it is the company that is conducitng the business then the shareholder cannot be held liable if it is sued and you trust sounds like it is just a shareholder so you should be right. If the company goes down you just lose the shares.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Nothing changes. You just claim the costs on your tax return.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You should never put a deposit from your own cash if you still have a PPOR loan – otherwise you will be paying more tax. If you can borrow it all the better.

    Also beware of just buying a property because of the rent. If there is no capital growth it could end up costing you.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If it is their only main residence the it is usually CGT exempt. It can still be CGT exempt if it s rented out for up to 6 years while they are absent. If not rented the exemption applied indefinitely. I think residence doesn't matter, but you may want to check this (ie if they are non-residents for tax puposes which is different to immirgation status).

    Why not get a power of attorney from them for the propertry and then you can be authorised to act of their behalf.

    No sense in paying stamp duty – but if in their names the equity may be trapped, but you could still possibly use it by cross collateralising a few loans.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Stamp duty will be the killer – for them when they buy and then for you when you re-purchase. You will also have legal fees. If you are having financial troubles and you actually go bankrupt the transaction can be reversed – if it was done with the intention of defeating creditors then there is no time limt. If it was done at markert value and the other person didn't know you were going bankrupt then I think it is a 2 year period in which in can be clawed back. So time is of the essence if you are going down. Try to do it for market value and hang on for as long as you can. And seek proper legal advice or it could cost you.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I should have added that people on low incomes can receive a tax rebate. Thats why the taxable income is lower but they can receive a higher amount and not pay tax – the rebate means that the government pays the first bit of tax for you.

    I don't know how it is worked out for kids, but for adults the first $6,000 in tax free, but if you were to earn up to $15,000 the tax would be $1350 but the government will allow a $1350 low income rebate so the net result is no tax payable.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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