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  • Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Hi Luke

    Why not apply for the FHOG? For tax purposes you can't claim a place as your main residence until after you live in it. If you lived in it for 6 months you could rent it out and retain it as your main residence and it will be CGT exempt for up to 6 years. You can also get the stamp duty concessions and FHOG.

    If may be a bit disruptive to your family life, though, as you will be moving 2x in 6 months – in and then out.

    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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    here
    https://www.propertyinvesting.com/forums/property-investing/help-needed/4329871?#comment-198359

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Yes the best way is to set up a separate loan on the PPOR and then use this as deposit for the new one. No use in using savings if you had it as you should be paying your PPOR loan down first. The separate loan doesn't have to be a LOC (usually a higher interest rate), it can be a straight IO loan with redraw. Most banks offer these.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Depends if you mean you are relying on an increase in value or if you borrowed a low amount and wish to access equity based on purchase price. For the first one it is usually 3 months if LMI are involved unless you can justify why the place has increased in value (eg you may have renovated). If not LMI then usually anytime. , for the second one it is usually anytime.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    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 | 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

    Profile photo of TerrywTerryw
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    @terryw
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    You can have one big loan or 4 little ones – It doesn't really matter to the bank. Just be aware that if the other 3 people don't pay the 4th one must. each is liable for the whole debt – which is risky legally. It will also affect future borrowings as when going for a new loan the bank will asses each person as owing the full debt.

    Also consider or try to anticipate things that can arise in the future. Like 1 couple wants to sell, but the other doesn't. The remaining couple may not have the ability to buy out the others, so what do you do. Or if your property doubles in value and all that equity is sitting there – do you agree to access the equity, let the other couple take out a LOC, or use the property as security for a new property in their names only etc. What is one of them goes bankrupt, or they divorce etc. Planning what you can do now can save arguments later.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    anie wrote:
    LT Act mentions 6 y exemption if: owner lives elsewhere and does not own other property, and does not rent out more than 6 months a year for reasonable rent. The property is of the nature to interest families and no good tenant wants to rent for only 6 months in a year, nor I could afford to have it vacant other 6 months. Other 6 months, the rent should cover only owner's costs as mentioned. If I charge only to cover them, I will have nothing to cover part of the loan. I tried to make a deal with the tenant to pay more the first 6 months and less other 6 months, what led to blackmails from tenant as they wanted to get into issues for their benefit. LTO also looks why the rent is distributed per months and if it is genuine. Do you think that lease agreement 6 by 6 months has any weight? Tax return still shows whole year rental. I do need to ask expert LT advise. Any suggest re: potential CGT if I exceed 6 years of renting out? I have no object to pay taxes when I am due and can afford, but in this case, CGT could be higher than any rental benefit.

    Might still be a good idea to try a land tax specialist lawyer as you never know you may find a way out of it. It sounds strange to me that you are not exempt – but I don't don't much about land tax.
    (One of my clients tried to argue he was running a business of bee keeping/honey production and tried to get out of it that way)

    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

    Profile photo of TerrywTerryw
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    @terryw
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    A deposit bond won't help at all. These are only meant to replace the deposit (10%) until settlement. You will still have to come up with the money at settlement. If Ray has bought it already that means he has the initial deposit sorted anyway.

    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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    She can, but there are tax consequences. Non residents have to pay 29%+ tax with no tax free thresholds.

    It is good to have the option to distribute to them even if you don't as the rules often change and it may be beneficial in the future.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Post a letter to the adress.

    Do a title search and you can find out their names – but you won't find out where they live.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Council probably

    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

    Profile photo of TerrywTerryw
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    @terryw
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    It will be pretty difficult to get a loan to be used as a deposit on a purchase. memberfirst.com.au can do personal loans up to $30,000 at 9.25% but they won't lend for deposits unless you are contributing your own funds too.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Hi

    I think this is the relevant section from the Act linked above, Schedule 1A:

    (7) Income may be derived from the use or occupation of the former residence in a tax year if:

    (a) the income is derived from a lease, licence or other arrangement under which a person has a right to occupy the former residence and the total period for which any such right of occupation is conferred does not exceed 6 months in the tax year, or

    (b) the income is derived from any arrangement under which a person occupies the former residence, but the income is no more than is reasonably required to cover council, water and energy rates and charges and maintenance costs of the owner in respect of the residence.

    —-

    I think if you had a lease of 6 months then you may fall within these guidelines. After the 6 months is up issue another 6 month lease may still be allowable.

    I agree with crj you should speak to an expert and land tax as it could save you a fortune.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    It can take around 3 weeks to get the actual cash as the bank has to send you documents, you sign, send back, and then settlement booked in etc. maybe 2 weeks

    And did you realise that with building loans the person has to chip in their bit before the bank starts releasing funds. eg. if you have borrowed 90%, then you must pay the first 10% and then the bank starts paying.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Its a difficult situation. Ideally you could move in for a brief period and then out again to maintain the CGT exemption and then sell later when prices rise again. But you don't want to get to the point where you can't afford it and over stretch it and then have to do a firesale.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Are you sure you are not exemption from land tax
    see LAND TAX MANAGEMENT ACT 1956 – SCHEDULE 1A
    http://www.austlii.edu.au/au/legis/nsw/consol_act/ltma1956173/sch1a.html

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Personal loans are usually short terms like 5 or 7 years max. That means the repayments are very high and this will affect serviceability much greater than a home loan of the same amount.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    Hi Kimmy

    I suppose it depends on the wording of your contract. If you say subject to approval with westpac bank for an amount of not less than $320,000 than i think a pre-approval will not make the contract binding as it is not approved yet. But if you were to tell the agent or the vendor the loan was approved when it wasn't then you are effectively giving up reliance on that clause and ratifying the contract – so you could be locked in.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    A client of mine paid the deposit and then his finance wasn't approved. I would wait rather than risk it. Don't sign with the builder until the bank approves it.

    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

    Profile photo of TerrywTerryw
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    @terryw
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    In Thailand a foreigner cannot legally own land. But there are a few ways in which you can get around things.

    1. Form a company. The company must have a majority of Thai shareholders, some say 51% otthers 61%. You will need 6 Thais and yourself in there. It is best to try to get 6 people who do not know each other so it is harder for them to plot against you. You can also have different classes of shares – them with shares that have no voting rights attached so that you can control the company at all times.

    This is less than ideal as you have minority shareholdings and things could change and your may lose control. There are also complexities with set up and tax issues etc.

    2. Get a Thai person to own the land, you can then construct a dwelling on it and retain ownership of the dwelling with proper paperwork etc. This only works with new stuff tho.

    3. Get a thai person to own the house and land and you can then enter into a lease with them for 30 years (the max) with the option to renew twice, so a 90 year lease in effect. This can be registered on title and any prospective purchasers would be scared away.

    But why would you want to buy in Thailand? it is very risky, much better and cheaper to rent in my opinion. Invest your money in Australia.

    I would never buy in Thailand for a few reasons including:
    – corruption is rife. Things can be changed for money – eg your lease may be removed from title, house may be mortgaged without your knowledge etc. you don't want to get involved with this sort of shit.

    – It will be difficult to get a loan there unless you are workign there.
    – If you want to rent it out you will be ripped off by everyone – repairs, management, water charges, electricity etc.
    – Politically unstable. Thereis a coup every 9 years on average.
    – King is getting old, when he dies there could be large disruptions, political conflct etc

    Invest here and rent there.

    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

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