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

    You could transfer the title to your name. Not all states offer stamp duty exemptions though. It would be as if you are buying her property, so there would possibly be CGT payable as it is an investment, though it may be exempt for the period it was her PPOR. If you borrow to buy this property the funds should be deductible and the money released to your wife could be gifted to you and onto your home loan.

    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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    newbi2 wrote:
    If you use your top up to pay off your CCs AND CONTINUE TO PAY the credit card payment but onto your home loan, you will be better off. Dont forget though, if you only pay the minimum you may end up paying more in total as it is over a much longer time frame, althougth it will be easier week to week.

    PS pay it off then cut it up (or at least reduce the limit ot the minimum)

    All the best , Mick

    I agree with Newbie, you need to keep paying the same amount that you were paying into the ccs, but put it in the home loan. If you just pay the minimum payment it will end up costing you much more.

    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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    Yes many banks, most probably, can lend to Aussie's working overseas. I have found St George to be one of the best for this, and think they can lend up to 95% from memory – maybe even 100% if you own other property.

    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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    This is a complex area.

    I don't know the answer, but first thing to do would be to check on the ATO site and see if your country has a double tax agreement with Australia. if it does you may have to pay tax in your host country. If there is no agreement, then you will probably have to submit a tax return here and be tax accordingly – ie the CGT is added to your Australian income – you may have losses from prerious years which are carried forward which can help offset the gain.

    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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    Harry

    Unit trusts offer no asset protection. The units are property which can be seized by creditors if the unit holder is sued. They also offer no tax savings as the profit of the trust must be distributed in accordance with % unit ownership. Therefore, some people have their units owned by a discretionary trust to get around these 2 issues.

    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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    One of my client's properties had cracks in the walls. This prevented them from getting finance as the lender didn't want to lend. Had to go to a different lender who then demanded a engineer's report.

    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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    I think it also depends on where you are buying properties. Different states have different rules. It is very painful in NSW now to hold property in a trust. But land tax is deductible and there are many other benefits of a trust  and the other tax benefits may still mean you are paying less tax overall.

    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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    Good work Stu. How's it selling so far?

    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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    Charlie

    Don't forget you need to make a profit too!!

    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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    Company structures are not recommended for appreciating assets as they don't get the 50% CGT reduction for assets held more than 2 years – so that means you will be paying a flat rate of 30% tax for captial gains. Whereas with a trust you will be paying a maximum of 24.5% and probably a lot less.

    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 Pickle.

    You don't have much left on your loan, but you should stop paying it down – change to interest only. This is because you will be able to claim the interest on this loan as a deduction when you start to rent it out – won't be much, but everything helps. You can then use the money you would have used on the current home to purchase the new home and have a lower loan on that – which won't be deductible.

    You can use the equity in your current home to assist you into the new one. There are 2 ways:
    1) use your existing home as additional security for the new one
    2) borrow a bit more on the existing home and use this as deposit for the next one.

    2 is preferable as you don't have to use the same bank, it is less risky if you default, and less problems if you decide to sell one. Make sure you have a new split too because only the existing loan will be deductible and you don't want to mix business and pleasure in the same loan.

    Banks will take into account the rent you can get from your existing one (usually 80%) in addition to your incomes.

    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

    In NSW Land Tax is 1.6% of the land value. Individuals get an exemption on the first $350,000 (approx) of land. But trusts don't get this exemption (except special trusts such as some unit trusts). So if you have a $350,000 property (land value) in a trust it will cost you $5,600 per year extra. That is a lot of money.

    Trusts need annual tax returns done. But if you think about it, there is not much extra work at all. If you purchased a property in your own name, the accountant would need to take this into account anyway. It is just a matter of them filling in the details on the trust tax return rather than your own. Not much work at all, but they will probably claim it is!

    If you purchase via a trust you cannot get the FHOG for this property, but may be able to get it in the future for one in your own name.

    To learn more about trusts search the web and read as much as possible. There is a good book called "Trust Magic" by Dale Gatherum Goss which is easy to understand and there are some good websites such as http://www.taxlawyers.com.au ; http://www.lawcentral.com.au 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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    I don't think you need to be licenced to give advice on property. But it doesn't sound like you are giving advice anyway.

    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 suppose there is a case in not paying IO for your home. If you are a spender, you could end up spending the extra money you could have been paying off your home.

    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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    I beleive you can claim all expenses just as you would with any investment property.
    Updating a bathroom before it is rented probably wil not entitle you to claim anything while it is not rented. But, depending on what your do, you may be able to claim more depreciation.
    3. it may be better to wait for the bathroom. Why give the tenants a new bathroom that you cannot enjoy. Wait till you get back and have a nice new bathroom for yourself.
    You can still claim this house as your main resident while absent and avoid CGT completely if you move back in within 6 years. Check with your accountant before doing anything, just in case.

    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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    Hi SG

    If you have some equity in your existing property, you could use that (in a few ways) as deposit for the new investment property. Borrow as much as you can for the investment as this is deductible pay IO keeping your repayments as low as possible. Any extra funds should go off your home loan first. You can also get a tax variation done to reduce the amount of tax you pay making the investment not too painful.

    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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    1. yes
    2. no – depends though on who you use
    3. accountant

    Other things to think about:
    a) trusts often have to pay much more land tax
    b) Losses cannot be offset against your personal income

    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 would always get IO loans on all properties – you can still pay extra if you decide and then have the option to fall back to the lower repayments if needed. But it would be better to pay the extra into a 100% offset account for tax reasons.

    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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    Hi

    Can you get loans if you are a non resident and not working in Malaysia?

    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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    I think generally, anything that brings the item to a state that is better than it originally was is an improvement. Anything that brings the item back to the same state is a repair.

    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 - 10,221 through 10,240 (of 16,328 total)