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Other than the above post, i think it is generally too costly to transfer properties like that – CGT/legals/loan fees and stamp duty will be involved. But as Scott suggest just work out the costs and see how long it will take to recoup them.
Also consider the land tax rules can change and what is good today may not be good next year.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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seasongreen wrote:My friend advise me to move into property A, thus the property A (still under my FT) will be PPOR, no duty and CGT would be involved. BUT currently I have no plan to move out from my partner's house.
Best advice is to not take advice from friends without confirming it.
If a property is owned by a trust you will not get the CGT exemption or the land tax exemption.
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
Without all the facts it is hard to say. but it looks like you have given two or more properties for security for 1 loan. You are now trying to release one of the securities. The bank doesn't have to release the security unless you meet their criteria such as LVR. So what is probably happening is your LVR on the remaining property is too high and you will need to pay down the loan – or they won't release the security.
If LVR is too low, the only way out is to pay down the loan with cash, or part of the proceeds from the sale. otherwise i think your security won't be released.
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
Wow, thanks for telling us that.
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
Someone is as there was a legal case mentioned somewhere here a few months ago. Wonder how it went.
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
Also forgot – probably now is not a good time to sell if the area your property is in is down. maybe wait a bit?
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
Also consider a part time job – maybe until you get the next 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
It can be a good idea to sell sometimes if you can pay down private debt. But the ideal is to repurchase another property to replace it.
Just think if you sold, how much would the CGT be? If a $120,000 gain, then this figure would have stamp duty and other buying/selling costs taken off . say $15k. gain is now $105,000. You could then get the 50% discount and the gain becomes $52,500. This figure is then added to your other income. if you have nil. then you will pay tax on $52,500. This may end up being around $10k. very rough figures
Now you also have a $80k loan. Interest on this would be around $4000 per year.
So you basically are spending $10,000 to save $4k per year.
But you probably should also factor in other things too. ie you will have about $30k cash left over. You can invest this.
And, if you go back into property again you will also need to consider paying stamp duty on the new purchase, legals etc.
And also, if you are not working now it may be impossible to get a loan to get a new property.Many things 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
The CBA has you over a barrell!
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 don't think it is a good time to get into broking. Commissions have been cut dramatically. trails are been more than halved. In the good old days some brokers earned more than heart sugeons.
However, there are not many industries in which you can build a trail income and if you can get the clients it is probably not a bad 'job'. If there is going to be a boom soon, then it is probably a good time to join the industry – so you can get some of the thousands of new loans that come with a boom..
Also, have you considered getting into financial planning ? either on its own or together. There are big monies to be made their too.
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 Pos
Yes, understandable. But if the company is still trading you should report them to dept of fair trading. You can see the status of the company at http://www.asic.gov.au (ie if it is liquidation etc)
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 are in Sydney I would recomend the 2nd Hand bookshop in UTS.
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 would maybe hold off a bit as there is new legislation coming in around No this year. Mortgage brokers will be regulated by ASIC. When this happens all the requirements will change. it is very confusing at the moment and I don't know what you need since I have been a broker before all this came into effect.
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 WMF
Having lived in 2 previously is ideal, you could rent one out for up to 6 years without CGT implications. You can even chose which one to count (only get one main residence per couple) – chose the one with the biggest 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
Pos,
You should also realise that a company is legally a separate entity. Even if he owns 100% of the shares and is a director it is different. So if the company gives the guarantee and goes under the person behind the company is not personally liable unless they have personally provided guarantees. (the directors, even shadow directors, can be liable under certain circumstances such as insolvent trading).
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, i am thining why sell too. If you think there will be capital growth in the future and they are cashflow positive too.
But I would change over to IO as soon as possible. And, have you ever lived in one? If no, maybe consider it, depending on your circumstances though. You can move out and then count the place as your main residence and then rent it for 6 years and still keep the CGT exemption. This would be ideal before the next boom – making all those gains without any tax.
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
There are plenty of these sorts of books around. One by taxpayers Australia (I think) is good and much cheaper. Check out your local library too – may be a few years old, but still pretty much the same. Also check out the second hand uni bookstores as you can pick up old editions cheap or even free.
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
Can you qualify for finance now, and are you sure you will next when it comes time to settle? That is a potential risk these days with finance tightening.
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 what a guarantee is – nothing really. It is only as good as the company/person backing it.
A guarantee by a company, especially a small company is worthless unless it is backed up by a personal guarantee. If the person making the personal guarantee has no assets then their guarantee is worthless too.
If he hasn't got any money there is not much he can do, how could he buy your property?
And you could sue him and you could win in court, but then you would still not have anything except a judgment.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 Wide
Where are you living now? Do you have a mortgage on that property? And I see you have some consumer debt.
Why not change all your loans to IO immediately. You should divert the extra money you are paying on your deductible loans to the consumer debt. The faster you finish this the more interest you will save – interest which you cannot claim.
Also set up a 100% offset account on one of your loans and place all spare cash in this (after the consumer debt is paid). This will save you interest on your loans the same as if you had paid into the loan. If you still have a loan on your own home, then set up the 100% offset on this loan as you will save non-deductible interest.
If prices drop in the near future, don't worry too much. It may not matter too much if you are gettting rents, especially positive cashflow. Just hope that prices will rise again!
If you do decide to sell factor in CGT. You may find selling one house will result in less tax. If you sell all in one financial year, you could be slugged with heaps more tax.
Also if you spouse is not working it may be wise to sell during this time (if in her name) as this may mean less 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



