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You do not have a binding contract until all of the conditions are met. They probably should have notified you and asked for an extension or withdrew from the contract – it technically could be binding because of this and you may be able to sue them for the full 10% deposit. Best to check this with your lawyer.
But realistically it isn't sold yet so Keep it on the market and assume they will not go ahead. If you find another potential buyer notifiy the other party and see what they can do. Don't rely on the settlement for this one to happen on time as it probably won't.
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 want to dampen your enthusiasm, but think you might be a little low on your costs.
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
Sounds extremely risky to me and I don't think you would be able to finance it.
You will get a max loan of around 66 to 70% of end value, including capitlising interest so you will need much more cash. Rates will depend on the lender which will depend on the number of pre-sales etc. maybe 13% on a low doc type basis.
BUT Are you sure there is profit in it?
$900,000 pp.
$40,000 Stamp duty would be around
$20,000 loan fees
$5,000 legals etc
$965,000 to get into the propertythen you have
$96,000 in interest – assuming 10% for 1 year
$X to pay for the strata
$36,000 RE commission on the sale
$5,000 legals on the sale
—-
= $136,000 + XTotal sale price $1,200,000
less $965,000
less $136,000 + X
= $99,000 less strata feesSounds like you are on one income and things must be tight if you can only service that amount you quoted. These things always take longer than expected and the costs always are more than expected too.
Maybe you estimates are much lower than mine, but are they realistic?
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
Have a look on the centrelink website. If someone on the pension or near pension age gifts away money they have various rules – which I haven't looked into as have had no need so far.
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
In Australia lenders wouldn't even look at a business plan.
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
HI Darren
No need for a company C at this stage. I didn't know you had 2 companies in the mix already.
Your company A must be acting as trustee for the discretionary trust or the shares of company A must be owned by the trust.
You might as well distribute profits from the trust to individuals if their marginal tax rates are less than 30% and then they can gift or lend the money back to the trust.If successful you will probably want to set up a few of these strucutres to limit potential losses even further.
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 suggest you buy one in your own name to take advantage of the CGT and land tax exemptions and then look at using a discretionary 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
Hi Jack
Section 118-140 of the INcome Tax Ass Act 1997
INCOME TAX ASSESSMENT ACT 1997 – SECT 118.140
Changing main residences
(1) If you * acquire an * ownership interest in a * dwelling that is to become your main residence and you still have your ownership interest in your existing main residence, both dwellings are treated as your main residence for the shorter of:
(a) 6 months ending when your ownership interest in your existing main residence ends; or
(b) the period between the acquisition of the new ownership interest and the time when the ownership interest referred to in paragraph (a) ends.
(2) Subsection (1) only applies if:
(a) your existing main residence was your main residence for a continuous period of at least 3 months in the 12 months ending when your ownership interest in it ends; and
(b) your existing main residence was not used for the * purpose of producing assessable income in any part of that 12 month period when it was not your main residence.
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 it is only one main residence per couple too.
IT pays to stay single!
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
They can gift you the house with them transferring the house into your name. But this will mean stamp duty will be payable on the value of the place. This could also affect their centrelink payments such as pensions etc. If they transfer it to you then it is yours and you will have equity of the full value. You could also buy it off them for the full amount and borrow 80% to buy it.
Or you could leave it in their names and get them to leave it to you in their will. Since it was their main residence there would probably be no stamp duty payable. But this won't help you access the equity unless they get a mortgage and on-lend you the money.
Buying it for market value may be a better option as you can then gear it to 80% and then they gift you the money back later and you pay down the loan to $1 and have the rest available as redraw. If you just get it gifted it will be hard for you to get access to all the equity as these days the banks do not like approving loans for large amounts of 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
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 read the age, but could he mean months listed?
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 take them to the residential tenancy tribunal for the damages they have done. You can get a court order that they pay you money. You can then get further orders to garnish wages, bank accounts or seize property. You don't have to do it straight away but have up to 12 years to enforce the order. I have one on a tenant and have been waiting 5 years now – but I can't really be bothered anymore.
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 only get one property which is CGT exempt. (except for a 6 month overlap period when you can claim 2).
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
Yep, set up a separate loan on your PPOR and use that as deposit and borrow 80% of the value of the new one.
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
SHouldn't be an issue as you are just borrowing from one loan to pay back another – essentially a mini refinace.
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 means that someone has offered a price and it is being considered but the offer hasn't been accepted yet. You still have a chance.
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
One way around this is to buy in a trust with the guarantor a beneficiary – may not suit your circumstances tho.
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 be able to. Any fees related to the loan should be deductible. And any fees on the new loan 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
Taking money from a redraw is just reborrowing it. So deductibility will depend on what the withdrawn money is used for.
Renting from a trust is not a good idea – usually.
Firstly losses in a trust are trapped. So if the trust has no other income the losses just sit there.
If it is making a profit then the trust must distribute this profit so you could end up paying tax on your own house. Even if it starts off with a loss you must charge market rent so it will become positive over time. imagine after 30 years you will be paying huge rent to yourself (essentially) and paying tax on it.
Trusts do not get the CGT exemption so if you sell later on you will pay tax on what would otherwise be tax free.
Land tax will be payable in some states (eg NSW no threshold). I think it is 1.7% in NSW. If owned in your own name it could be exempt.The only reason to buy a main residence in a trust would be if you are at risk of being sued, and your home is only going to be your main residence for a short period before being rented out to a third party.
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



