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See legal advice!
Why cannot she give legal advice? Perhaps because a conflict of interest. If she is operating a business selling products then she may not want to advise on those products because it could be deemed biased.
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 get some legal advice on the consequences first and decide how the property will be owned – JT, TIC in equal shares, TIC in unequal shares.
Then egage a conveyancer – which may be the lawyer you used above.
sister will pay the stamp duty on the value transferred to her.
It will be a CGT event to you and/or husband who are transferring. If your main residence an exemption may apply, if not CGT.
Before you do all the above best to get the pre-approval in place as if the loan cannot be changed you cannot transfer.
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
Impossible to advise on such a general question. Best course of action may be to start reading as much as you can.
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
that is like asking “what should I eat for dinner”
It depends is the best answer.
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
Yes gift him $20k extra so you can borrow $20k extra could be a good idea – but get tax advice, especially on Part IVA
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 that case you would want to borrow as much as you can and you should get some tax advice about how to maximise the loan (in conjunction with advice from your mortgage broker). I don’t really understand what is going on from your post.
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
If you have $20k to give your dad why not just use that yourself?
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
Guarantor
Why do you need to contribute $20k? Is it because of servicing or because of security?
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
so I pulled the pin on this within the 3 day cooling off period. Cranbourne was recommended to us by the rep at Pillar Financial Group as a growth suburb but having done my own research into the property price points it was evident that we were paying a premium at any capital growth would be non-existent.
I’ve requested the return of the 1,000 dollars – on going trough the recordings I made of the meeting it was nt clearly mentioned that the $1000 would be non-refundable. If not forthcoming ASIC will be receiving copies.Did you record their conversations without them knowing? This could be a criminal offence.
What does the contract say about the refund of the $1000. It probably don’t matter whether they said it was refundable or not.
Department of Fair trading would be the department to complain to about this as they regulate agents and not ASIC – were you actually dealing with an agent?
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 could be CGT exempt for your daughter – but the rest of the owners will be liable for CGT – if there was a gain.
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
Interest on money borrowed to pay interest can be deductible – This was said in the High Court case of Hart. The ATO even admit it is deductible if the underlying interest is deductible.
But Part IVA ITAA1936 can be used to deny the deduction if it is a scheme with the dominant purpose of making or increasing a tax deduction.
So what is your reason for borrowing to pay the interest?
BTW, This is not accounting but tax – tax law.
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 redraw is new borrowings. The purpose of the original loan was purely to acquire the property (assuming you have made no increases and never redrawn). If you redraw the purpose of that new loan is to pay interest. If the interest on interest is deductible then it all relates to the same purpose – the property. But if the interest on interest is not deductible you will have 2 purposes. One deductible and one not.
It will become extremely messy to work out the portions if you do more than 1 redraw.
If you redraw and buy some personal items it would be even worse.
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 redraw would create a mixed purpose loan.
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
SB – have you had tax advice on number 2?
This would involve borrowing to pay interest. Interest would be deductible under s8-1 normally, but considering the ATO’s ruling on this they may apply Part IVA to deny the deduction.
Also from a loan point of view there would be few lenders that would allow a loan to capitalise like this without it triggering a default.
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
If you want to pay 3 properties off quickly why not buy 6. Wait for some growth and then sell 3 and use the proceeds to pay off the other 3. Live in one that you intend to sell and sell this CGT free for some extra benefits.
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
Asset protection is legal advice. See a lawyer. Accountants dont know about various aspects such as the bankruptcy act conveyancing act and other legislation as well as the laws of equity.
You can have good asset protection and be able to claim negative gearing benefits. But it will all depwnd on your situation and what you are trying to protect yourself from.
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 depends. If the property is currently an ip and will remain so then it should be deductible in full in the year incurred.
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
Actually I am not sure. I think the NCCP may apply to any natural person borrower.
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 entered a contract and didnt read it? And then blame the other party?
Did you ask the insurer about malicious damage? Did you seek legal advice before entering the contract?
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
No lender will lend baeed on rental income only where the NCCP applies as it would be a breach of the act.
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



