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  • Profile photo of TerrywTerryw
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    @terryw
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    new houses attract GST as does the sale of new land.

    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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    I would personally never use one of these non-bank lenders for a number of reasons such as
    1. There is no guarantee they will remain low. (neither are the banks)
    2. usually high exit fees
    and the main one
    3. LMI is applied to the whole loan which could limit you in the future
    and
    4. difficulties dealing with them in the future
    5. difficulties in trying to get an increase etc

    I would only use a major bank.

    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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    yes, no need to tell the agent unless you wish to.

    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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    1. yes, but check with the OSR in your state as you may lose your FHOG. It may be ok if you remain there too.
    2. Doesn't work like that. If the tenant was renting half of the house you could claim half of the interest (not whole repayment) and other costs
    3. If rented you could claim depreciation
    4. yes. If you rented out half you would probably lose the CGT exemption on half of it. The little you save now may end up costing a lot in the future.

    It might be better to put in a 'boarder' who doesn't pay rent, but pays a fee for expenses (fine line) and not declare it. you may not save any tax, but will not have to worry about paying CGT later.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    because the potentially illegal part was removed.

    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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    will probably be able to keep it CGT if you buy in your own name and have no other property being your main residence at the same time.

    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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    These days there is not much choice, unfortunately. There are low docs still, but you will need to prove you are self employed to qualify – usually this is done by having an ABN for 2 years + and probably GST registration too. Some lenders are even asking for BAS statements for low docs – to see if the income declared in the loan application matches what is being declared to the ATO.

    Other than that there are normal loans – where you will need proof of income to qualify.

    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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    kevroy99 wrote:
    Sorry didnt explain myself properly my main concearn was my  Finance Broker wants me to pay him the $1100 upfront before he talks to the bank about finance is this normal?As you can guess this is the first time i have done this sort of thing thanks heaps for replying..

    Yes it is common in many cases, especially commercial ones.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You will generally need permission to sub-lease out party. Have a read of the lease agreement, it will probably be covered.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    no worries. its easy when you know where to look

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    should be possible with their consent. Maybe you could offer an incentive.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Would you offer vendor finance for those unable to come up with the full $1? I have a client who could pay in installments at 7%pa interest over 25 years.

    (sorry, couldn't help myself////////)

    I have seent these sorts of sales on TV – it is a way of attracting people to the town and for the council to get more income from rates etc and for the establishment of jobs – there are usually conditions such as must build a house within 1 or 2 years, and must be owner occupied etc. Good idea

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    kevroy99 wrote:
     Hi all need some advice
    I have found a motel nsw west 46% yeild  L/hold $300k nets $139 and vendor finance $150 k/ 3 yrs +1%on current rates freehold worth 1.5 mil 21 units broker suggests refinance on our private home equity $160k with bank….Broker wants us to pay $1100 upfront to apply for finance says banks dont pay commissions any more does this sound right and does all this sounds too good to true .

    Sorry, I am finding it difficult to understand what you wrote above. Would you mind rephrasing it? Banks still pay commissions, but not as high as before – but not all lenders do and not all deals, especially commercial.

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

    Yes, can use FHOG for stamp duty etc (or buy in NSW where no stamp duty up to $500k). There are still a few 95% loans left, St George, Bankwest and I think Suncorp still offer them.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I am afraid a trust won't be a 100% effective. The Family Law court has powers to look behind companys and trusts and divide up the assets as if they were the personal assets of the people. But they can still assist a great deal.

    I think you should be speaking to a specialist lawyer. The legal advice may be a bit expense, but better safe than sorry, however it may be very expensive to move existing property and other assets into a trust because stamp duty may be payable and CGT. There may be other ways to protect the assets without transferring them such as mortgages and options which may be much cheaper – and maybe more effective.

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

    Please seek legal advice as you have just possibly committed an offence against the Corporations Act 2001 unless you have a managed investment scheme registered with ASIC.

    This comment referred to a previous version of the post. not to property options. Glad to see the change.

    An option is a contract which gives the buyer the right to purchase the property at a future date.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    here it is
    s 43 Duties Act 2000 (Vic)

    Duties Act 2000 – SECT 43

    Marriage and domestic relationships

    43. Marriage and domestic relationships







    * * * * *



    (3) No duty is chargeable under this Chapter in respect of a transfer of
    dutiable property from one person to another person, or from two people to one
    of them, or from one person to themselves and another person if-

    (a) the people are spouses or domestic partners of each other; and

    (b) no other person takes or is entitled to take an interest in the
    property under the transfer.



    http://www.austlii.edu.au/au/legis/vic/consol_act/da200093/s43.html


    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    You may be able to add the LMI to the loan so there is no upfront cost – but more interest in the loan run. This could enable you to buy more or stretch your money further.

    On the other hand, $11k is a lot of money how much extra is the extra 10%? maybe work out what the return would be if you invested $x in the property (ie paying more deposit) you would 'make'' $11k.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I think you can do it without stamp duty. Look up the Duty Act (Vic) and you should find it whether it is possible and the rules – one is, I think, that you must intend it to be your PPOR.

    I don't think there are any differences with selling it or gifting it in terms of stamp duty, but you may have some tax issues – unless your wife borrows to buy the interest may not be deductible later.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It will be difficult probably to do all that you want. If you are on title you may lose your benefits, but if not then you can't get the loan in your name. I assume your mum can't qualify for a loan in her own name.

    You could set up a trust and rent to your mum – she could possibly receive rental assistance too. But Centrelink may need to class your trust asset and income as if they were your own. This will depend on what sort of benefit you are receiving.

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