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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Sorry Jaffa, I can't understand what you are saying.

    Adverse possession is when someone occupies land they don't own. If they have done this for a minimum period of time and certain conditions are met, they can then make a claim for ownership. In NSW i think the minimum period is 10 (or 12?) years.

    Maybe you are saying you placed a deposit on a property which had someone living on it without the owners knowledge? You placed a deposit and couldn't settle because of this and they will not give the deposit back???

    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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    a house isn't sold until the contracts are exchanged.

    What ended up happening?

    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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    Is your own home paid off? if not a 100% offset account may be better.

    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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    I don't think the name is an issue unless it has been trade marked by Gerard or his company, (or anyone else)

    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 Count: 16,213

    The interest on the loan for the land and other costs should be able to be claimed against income if your intention was to rent or sell.

    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
    Join Date: 2001
    Post Count: 16,213
    charlena wrote:
    Hi  I am hoping someone can help

    I purchased a property  in Queensland only 6 months ago and am selling it. Will I have to pay capital Gains on my profit? Rate?
    Also are the costs of my home improvements I have done plus the selling costs taken off this capital gains profit?

    I also own another investment property overseas that I will be moving back into.  Any advice will be great.

    Charlena

    Did you ever live in it, and if so did you have another property at the same time?

    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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    Most companies would be reliable.

    You just have to read the fine print! They don't pay out for what is not covered.

    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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    I have a mate (just 1 tho) who was earning high income. His wife earn't nil. I advised him to purchase his investment using a discretionary trust. He wanted to claim negative gearing so he bought in his own name.

    He sold the house 2 years later when it doubled in value. Made $200,000 CG. Unfortunately for him all this went on top of his income (or half of it after the 50% discount) so he paid a heap of tax while his wife still had a nil income.

    He saved a few thousand while negative gearing but lost ten times that on paying extra tax.

    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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    see the same post with answers here
    https://www.propertyinvesting.com/forums/getting-technical/finance/4328579

    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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    Ring the agent and stop it. Talk to a lawyer and then decide what to do.

    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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    Thanks Eddie.

    Still, it is not a bad deal as you get to claim the asset or depreciate it and then can claim another 50% in year 1.

    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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    If you have not exchanged you can. Does the other party have your signed contract?

    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 Media

    You are the second person this week that I have seen confused by LOCS!

    A LOC is a loan in which you can deposit and withdraw funds up to a certain limit – thats it!

    The LOC will have a set limit. The limit is a monetary amount, not a percentage of the LVR. So the LVR won't increase as your property values increase. You will need to apply for an increase and will need to re-qualify for the loan proving income etc.

    You may be able to pull out $100,000 by increasing the limit on the LOC. It will be tax free because you are just borrowing money. The way you put it sounds like you don't really understand this – sorry if I have misread you, but there is nothing 'magical' about it. You are just borrowing more money.

    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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    Now is not a good time to start out as a broker. Low and reducing commissions and clawback backs. Also new legislation will mean residential brokers will need to be licenced with ASIC from Dec – which is good, but may mean more courses etc adding to the start up cost.

    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 Count: 16,213

    Can be good as you can, maybe, negative gear and save tax. And you can still be able to keep your original home CGT free.

    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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    Think long term.

    What will happen when you sell 5 to 10 years later with a $500,000 capital gain?

    circumstances change, so best not to decide based on today's situation.

    Look at using a discretionary trust for maximum flexibility.

    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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    Don't worry too much. It is just a delay of 1 day. Penalty interest is around 10 to 15% pa – but you will only be charged, if at all, the day's interest. So if it is a $500,000 purchase, 10% is $50,000. divide this by 365 = $136.

    But also remember since your loan will be settling one day later you will be saving interest there too. eg. $400,000 at 5% = $20,000. daily rate is $55.

    Net cost $81 per day.

    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 Count: 16,213

    The loan rate sounds good and it you have an offset even better.

    But the fee seems strange

    Who is the lender?

    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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    As a guide you can borrow about 5 times your annual income. So you will come up a bit short I am afraid.

    Boarders cannot be taken into account for income, but if you were to rent the place out and stay with parents, then you may get over the line.

    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 Count: 16,213

    yes.

    see s118-145 of the Income Tax Assessment Act 1997.

    TD51 for the definition of main residence.

    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 - 9,061 through 9,080 (of 16,328 total)