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Sounds like you may have been acting as trustee for him. If you can prove the trust relationship there may be nominal duty and no cgt event.
If you cannot then there will be duty on the value transferred. It would also be a cgt event.
Younwill need to discharge the mortgage and reapply for a new loan. Consider issues with deductibility of interest.
Younshod seek legal advice.
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’m sorry to enter this conversation in a way that may demonstrate my ignorance and may be a silly question, however I interpreted your first post as saying changing all his loans to P&I to increase lending. How does a move to P&I improve lending? If you could explain that, it would be most appreciated because it’s somethings I’m not aware of :-) Thanks
Yes it can improve serviceability – you would think the opposite though.
These days most lenders assess payments for other financial institution loans as PI and ignore any IO period.
So having a new IO loan for $100,000, 5 years IO and 25 years PI, for example, will result in the lender assessing the loan as 25 years PI.
However if the loan was PI from the start it would be assessed at 30 years PI.
Longer loan term means lower repayments which means better servicing.
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
Ethan – I wasn’t suggesting you do this – just that the other broker/bank maybe.
Request the client to get a copy of the servicing figures.
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
Probably non-disclosure. leave off a kid, a loan etc and serviceability booms. Bank staff do it as well as brokers – fraud
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 depreciate any furniture items purchased that relate to the property. You would have to wait until the property is available for rent for the tax claims to begin but you could buy now.
Don’t forget to apportion between investment and private use.
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
A valuation would be needed if it was your main residence and then become income producing. This would occur when renting out a room, a granny flat, operating a business there or just renting te property out.
The cost base would then be the value at the time it was first income producing. All the aquisition costs and interest etc until that point are then ‘lost’ or not claimable against the CGT.
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
Why would you want those? Out of date and questionable content.
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
Nil provided that this was your only ppor and that you rented or didn’t own & claim your other place as your ppor.
Coudn’t claim the main residence exemption until after moving in.
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 can get a mentor during the first 2 years
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
First is correct.
The valuation amount when you move in is irrelevant.
$500 pp $600 sale = 100k capital gain.
You have owned it 2 years. Lived in it for 1 year.
So 50% of the $100k will be assessable gain = $50k then you can apply the 50% CGT discount = $25k
This $25k gets added to your other income so the max tax would be $12k approx.Also this can be reduced by cost base adjustments for most of the expenses incurred in acquiring, holding and disposing of the property (that you have not otherwise claimed).
See 118-185 ITAA97
–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
just because a property is positive geared doesn’t mean it is a good investment. Banks will base their serviceability calcs with some stress involved – say 7% PI loan for all debts, 80% rents and large living expenses.
You could try different banks, but unless your salary is up very high you will have problems qualifying for finance after a few properties. there are ways to stretch it to a certain extent but it is still very hard these days.
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 Terry,
I would be looking to purchase using a company, what would the requirements be to qualify and what lvr could you do? Also what rate of interest could I expect?Consider the structure of the company when setting up – parties such as who should be the director and shareholders how the constitution should be structured and also tax considerations, land tax, depreciation and franking credits etc.
Once the company is set up it can apply for the loan with the director(s) giving personal guarantees. Same LVRs, rates etc as persons with most banks.
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.
The repayments are not income but part payment of capital and part income.
Also it would generally be a breach of the mortgage agreement to onsell a property via an instalment contract without express approval from the mortgagee.
They are basically frowned upon.
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
Merry Christmas
Don’t forget to claim a tax deduction (TD 2016/14)
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
The problem you will face is the legal requirement for a lender to make sure any loan to you is not unsuitable. This means they have to consider your ability to repay the loan without undue hardship. Therefore low doc loans are not so low any more. However if you will be purchasing using a company, whether in its own right or as trustee, then this legislation will not apply and it will be easier to get finance. However don’t use a company for this reason only as there are many legal and tax aspects to consider.
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
Giving a personal guarantee generally means the lenders will assess you as if you had borrowed the money yourself. However it will come down to the lender and how deep the dig.
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’re definitely not non-recourse. If the property market crashed 50% and you went bankrupt, they’ll still come after you for any losses incurred.
Bankruptcy stops them from chasing the debt. If you default on the loan the mortgagee will still take possession of the property, sell it and then chase you for any shortfall and potentially end up bankrupt.
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
lease docs are not non recourse.
I don’t know of any lender lending on a non recourse basis in Australia.
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 answer these sorts of ‘should i’ questions.
It is easy and straight forward to do but have you considered:
1. asset protection – does the company trade?
2. succession
3. land tax
4. income tax
5. capital gains tax
6. structure of the company – who is the director and who are the shareholders.
7. asset protection on shareholder lever
etcTerryw | 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
Vendor may have problems getting tenants out in time for settlement and wants to push that on to any purchaser.
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



