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

    google for 'tenants union' in your state and you will find a lot of free info on tenants rights. That will help you know what they can do and if you can get them out somehow.

    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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    Sam

    Yes, that is the way to do it. Set up a separate loan securred against the PPOR and drwan down on this for the 20% deposit and other costs.

    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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    No. Deductibility is determined by what the funds borrowed for a used for.

    In this case you will be withdrawing equity = borrowing to buy a new owner occupied house. So the interest on these funds will not be deductible.

    There are options to help you increase deductions though and this includes borrowing for all expneses on the old PPOR (eg rates, insurance etc) and even capitalising the interest on this – ie borrowing to pay interest. This needs to be carefully planning with a tax expert, or may not pass muster with the ATO.

    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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    Get some advice from a mortgage broker and a tax expert.

    Taking the deposit from your offset account is not the ideal way to proceed.

    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

    This reminds me, i had a loan from ANZ once with the settlment dragging out. They ended up doing another credit check just before settlement. I guess this could have alerted them to changes in my circumstances, eg. getting a default, which could have lead them to start asking questions. So be aware of this.

    I also had a friend who had a client with a unconditional approval from a certain lender starting with H. They then started adding conditions after it went unconditional!.

    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

    Yesterday I heard of a person that has been asking to reduce their LVRs as they were deemed a higher risk now. ie like a margin call. Not sure if it is true as not first hand info,

    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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    The lender probably won't know if you don't tell them – as long as the mortgage documents have been issued. But, be aware that sometimes if it drags on too long the bank may want to reassess the application and do some more checks. There are probably also conditions in the offer that you notify the bank of 'any changes in your circumstances'.

    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

    VLC is good for viewing certain type of movies. i think i use it for ones downloaded from youtube.

    If you want to change the default player, jus right click on a movie file and selec 'choose default player' and then you can select from a few different programs. just select the one you want and tick the default player button and that should be 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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    Post Count: 16,213

    Depends on the figures. If you can rent somewhere cheaper than you would have been paying in interest it may be best to rent.

    But also other factors to come into consideration such as not being able to do the same things in your rental as you could in your home. eg paint, pins in the walls!. And you could be asked to move out after the lease expires etc.

    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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    Why not just use a broker in the first place (not me please!)?

    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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    And, just because it is cashflow positive doesn't mean it is a good buy. You would want capital growth too. if the value doesn't up there is no point.

    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

    Kevin

    What about it counting for the main residence exemption for the period it was rented after they lived in it. They can only claim 6 years, so what happens if it is rented for 7? are the first 6 years countable or do the lose the lot because of the time exceeding 6 years.

    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

    You should put a caveat as various things can happen between signing the contract and settlement. There was a case about 2 years ago where someone signed a contract and then at the last minute, 2 hours before settlement, some other party registered a writ for a debt owed. It was deemed the other person had priority as they registered their interest in the property first.

    So now all lawyer would be covering themselves by advising you about the need to caveat. whether you do or not is up to you. The risks may be low, but it could happen. The case was a High Court case called Black v Garnock. Do a google and you can read some analysis.

    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

    I think if your new lvr will be 86%, then you will need to get the approval of the mortgage insurer, so you would probably need some sort of application with updated proof of income etc.

    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

    That means if you sign you are locked in. You are waiving the cooling off period – which is very dangerous, get legal advice before signing.

    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

    I think in NSW it is 3 months or on settlement, which ever is sooner.

    I just bought some land off the plan in tasmania and it settled about a year after exchange and no stamp duty was paid till settlment

    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

    What happens if you sign the contract and cannot get finance? You are stuck then. Don;t exchange before finance as too risky.

    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

    Looks like you are getting around $225 per week. Repayments would be $193 pw. Allow say 20% for costs = $231 pw in costs.

    Now factor in non cash deductions – depreciation of fittings, depreciation of building, loan costs, travel costs and you will probably be making a loss and saving some tax as well.

    So your property probably is cashflow positive after tax. Even before tax it is almost neutral. Get the rate down a bit and you will be posiitve. Put the rent up a bit when you can and you will be making money each week.

    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

    Centrelink has been onto trusts for a number of years. They treat trust assets as your own if you are control a trust, are appointor, trustee or beneficiary.

    So you must be careful. Maybe a child or grandchild could set up a trust which excludes the grandparents as beneficiaries and the grand parents could rent the place from the trust – and maybe get rental assistance.

    Also need to be careful about the disposure of assets, I think they look at any disposal up to 2 years prior. Some if the grandparents sell their house and gift the money to someone and then apply for the pension they will probably be treated as if they still had that asset.

    But all this could be over come with careful planning.

    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 did an asic search and couldn't find that company at all. It could be a business name with the company being another, such as xxx pty ltd trading a zzzz.

    Who is listed as the other party on the guarantee deed?

    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 - 9,241 through 9,260 (of 16,328 total)