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  • Profile photo of TerrywTerryw
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    @terryw
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    Trusts don't have directors, they have trustees. An individual can be trustee or a company can be (or a combination!).

    Whose name you should purchase in will depend on your situation but I generally recommend using only 1 name to own or guarantee investment properties as it reduces risk and may help you borrow more in the long run.

    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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    @terryw
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    Yes MJ. The trust will need to lodge a tax return as well as the company.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    You could get a 2 year option and then sell all before this time.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    If someone else buys your husband's share, then you will have to pay them somehow because you are living in the whole house. You may be able to pay rent, but that would mean higher repayments. Another option may be to give up equity or future capital growth.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Yes bridging can be hard to get. The main thing is the time factor now – everything is slow at Christmas so they probably won't know for a while if they can actually get the finance so prepare for them pulling out at the last min and don't count on settlement occuring, but it still might. You may be able to terminate the contract and look for another buyer – but I would keep it with them for now and keep looking and if you find someone then terminate just before signing up the new one.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Since you are going to rent out half, you cannot treat this portions as your main residence. You could treat the portion you are living in as the main residence and apply the CGT exemption to this, but you can only have one main residence so your oriiginal home will attrtact CGT if you do this. What you can do is to treat the one with the biggest growth as the main residence, i e that one that will save you the most tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Seems like you may have told the bank too much.

    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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    @terryw
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    Sorry, what state is the property in?

    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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    And what state are you in?

    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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    @terryw
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    1.3 says they may (or you) terminate the contract in writing. Did they do this? If not you may still have a valid contract.

    If they did then it looks like the contract is over.

    The transfer doesn't really have anything to do with the contract.

    You had better see a lawyer asap – but they will all be on holidays till mid Jan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    I think Dan is based in Brisbane. Why not ask him,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Build.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Yes business loans are usually more expensive. Not sure why yours is a business loan now.
    You could have used a line of credit loan so you only pay interest on the funds drawn – maybe this one has redraw.
    in 6 months you will need to requalify for a new loan, so it will depend on your situation at that time. Bank Policies do change too and they seem to be getting tougher.
    You have accepted their offer so probably have a binding contract, but you should be able to exit that contract by notifiying them. Exit fees etc would be payable but if you haven't drawn any funds they may not charge you.

    I would suggest you just try to increase your existing loan and have it as a split loan in the form of a LOC. But this may not be possible now, depending on what you have told the NAB already. Also it may be difficult to do as the banks are not giving access to large sums ($10k+) of cash without knowing exactly what it will be used for.

    It is not good to be in the middle of a project and to require more funds and this to be at the will of the bank – they will have an even tighter grip on your balls and will be squeezing harder.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    The tax Act doesn't specify a minimum lenght, only that it must have been your main residence before renting out for the CGT exemption to apply.
    see http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.html

    TD51 contains info on what factors they consider when determining whether a place is one's principle residence
    http://law.ato.gov.au/atolaw/view.htm?locid=cgd/td51/nat/ato

    But a principle residence may not be the same as a main residence.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    They would have paid a small holding deposit which she would be able to keep, but not the full 10%.

    Delmar, please tell us the wording of the finance clause.

    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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    @terryw
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    Delamar wrote:
    You should seek legal advise asap. Usually finance clauses have an expiry date well before settlement. If you haven't notified them that finance was not approved then you may be locked in to the purchase. Depending on which state you are in you may have just 14 days to settle if they issue a notice to complete. If you don't settle in the time they can keep the 10% deposit (or sue you for it) and try to resell and sue you for any short fall if they sell it lower. So quickly see your lawyer (not conveyancer) and take some advice. Terryw Discover Home Loans Ph: 02 96333 599 [email protected] https://www.propertyinvesting.com/forums/property-investing/help-needed/4329862 What about this terry?? This is from the other persons perspective…. not related to mine, but similar.

    Yes, you could have a binding contract if they didn't notifiy you they were pulling out. You had better talk to a lawyer, not conveyancer, about this as you may have to sue them.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    You should never sign a contract without getting legal advice. you had better talk to your lawyer asap.

    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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    @terryw
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    Not sure why they have signed that already when they were still waiting for finance.

    I think you will have lost because you thought you had a binding contract when you didn't. You have assumed too much. Did you get legal advice on signing the contract?

    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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    @terryw
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    But that is what you agreed to by allowing a finance clause. You could have said you would only accept an unconditional offer which would mean the contract would be binding on signing and exchange.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    @terryw
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    Hi J.

    If you have done proper research into the costs and you think they are accurate then you should be fine. I haven't looked into this, but do know someone with some property which is unstrataed and it will cost him much more to strata. Lots of work needs to be done to comply with the various regulations such as fire exits and fire proofing etc.

    Also allow for blow outs in time and costs. Most lenders factor in at least 10% on top for this.

    Good luck

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 20 posts - 8,481 through 8,500 (of 16,328 total)