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  • Profile photo of TerrywTerryw
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    I would guess not too. Athough it may depend on how it is currently owned. eg. if a unit trust maybe just transfer the units, if a company, transfer the shares. I belive this will mean little or no stamp duty if the property is under a certain level in value.

    Another option may be to just delay it, by delaying settlement. eg. long settlement, wrap or lease option.

    Terryw
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    Profile photo of TerrywTerryw
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    I must say I cannot really understand the ‘multiplication by division’ theory. I am inclined to say the selling costs and purchase costs on the new one will not make it worthwhile – you might as well just keep the property and increase the loan.

    Maybe the only time I would do it is if you think the property has had some quick growth and would be in a long period of no growth while other areas are still growing.

    Terryw
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    Profile photo of TerrywTerryw
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    Oh I see now, asset protection issues. It may be safer not to have a loan outstanding as a loan would be a personal asset, and if sued this could be at risk. ie your creditors could call in the loans an get their hands on the money!

    Terryw
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    Profile photo of TerrywTerryw
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    Yes, should be possible. Most lenders would allow this.

    But, why cross collateralise? Why not increase the loan on the investment property and lend that money to the trust to use as deposit.

    Terryw
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    Profile photo of TerrywTerryw
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    These units are not in broadway are they? They have been $125,000 for about 10 years now!!

    Terryw
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    Profile photo of TerrywTerryw
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    I’d bet on the cheaper one because of the ripple effect. People that want to live in the expensive suburb will tend to drift over to the cheaper one pushing up prices – hopefully.

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by TimC:

    Just bribe someone from the department of motor registration to get the full name and address….hehe [biggrin]

    Tim, a criminal offence! Naughty. These days all access to peoples details are logged and if the employee is caught they would be sacked and maybe worse.

    What you could do is get the title and then the transfer, get the names of the owners and maybe the solicitor they used. Write to the solicitor and ask them to pass on your details. Also do other searches such as white pages, electoral roll etc

    Terryw
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    Profile photo of TerrywTerryw
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    Here is an interesting case.
    The Trustees of the Property of John Daniel Cummins, A Bankrupt v Cummins [2006] HCA 6

    A barrister transferred his half of the house to his wife in 1987, he became bankrupt in 2000. The bankruptcy trustee succeeded in undoing this transaction.

    see: http://www.tresscox.com.au/resources/resource.asp?id=120

    Terryw
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    Profile photo of TerrywTerryw
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    I think many people get divorced just before going bankrupt. It may be due to the stess invovled with losing everything, but there are also a lot of people out there who do so for asset protection reasons.

    I remember a few years ago when many barristers were declaring themselves bankrupt to avoid paying taxes, many had all their assets in the wifes names and got divorced for added protection.

    Terryw
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    Profile photo of TerrywTerryw
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    Stuart

    Thats the new ‘product’ (called 500 plus), $500,000+ with LMI paid by RAMS with an interest rate of 7.23%. The standard No Doc is the No Doc 80 which can be under. Got one of these approved the other day for about $360,000 at 80% LVR.

    At the moment RAMS are bring out new products every week and it is hard to keep up

    Terryw
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    Profile photo of TerrywTerryw
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    Kiwi, I beleive the Family Law Court can do this. I think I have a paper on family law and trusts which I can send you if you want. From memory there was one case where the man had his dad as trustee, and the FLC attacked the structure.

    But, just because they can, doesn’t mean they will.

    Terryw
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    Profile photo of TerrywTerryw
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    Hi Ficus

    Be very careful with something like this. The rental guarrantees are meaning less if the company ends – which many do.

    The potential capital growth may be very limited as these things are hard to sell, and harder to finance than the average unit.

    Also watch out for management costs blowing out and for restrictions on what you can and cannot do.

    Terryw
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    Profile photo of TerrywTerryw
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    And, if you are going to use a No Doc (can go up to 80% LVR with RAMS), consider having one person resign as director. This could help you limit the personal guarrantee to one person, reducing risk and saving the other person for more loans later.

    Terryw
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    Profile photo of TerrywTerryw
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    I just refinanced someone out of MB into the ANZ as they wanted a LOC, and MB were not willing to change things, or it was too hard for them.

    Depending on the amounts I think you will find ANZ or St George to be good for LOCs

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by Dr.X:

    someone of a similar sex

    [blush2]

    Terryw
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    Profile photo of TerrywTerryw
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    You could do that, but the extra interest incurred would not be deductible. Why? because you are not borrowing, you are taking from a savings account.

    In this case, it would be best to approach your lender and ask for a separate loan securred against your home, and use this money as deposit for the new property.

    Terryw
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    Profile photo of TerrywTerryw
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    I agree too. Don’t know which is worse, this one or the one starting with C.

    Terryw
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    Profile photo of TerrywTerryw
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    A possible solution is not to get married, and not to sleep with your ‘spouse’!

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by mcdeyess:


    snip


    I am particularly interested in the second point “your net profit …. is calculated as the difference between your receipts …. from the sale of the property and the costs incurred in buying, holding, renovating and selling the property “

    This says to me;
    Sale of the property $275K
    deduct agents fee’s, interest on repayments and renovation costs = about $12K ??? huge guess
    Net profit = $3000 (wow don’t spend it all at once)
    I would then pay tax on the $3K as per my income tax rate

    Seems logical, I will search for further clarification on “costs incurred in buying, holding, renovating and selling the property “. Do loan repayments count? I am guessing not [glum]

    Thanks again,
    Cheers,
    [email protected]

    This sounds correct to me. Don’t forget you can claim other things too such as travel, accounting, loan costs etc.
    ps hope this is theoretical as there doesn’t seem to be any profit!

    Terryw
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    Profile photo of TerrywTerryw
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    Ian, I think you are right about the 50% discount.

    I think that if you are doing this as a business you could possibly class the gain as income (rather than a CG).

    It may also be possible to keep the gain as a capital gain.

    Whichever is prefereable may depend on whether you have losses from previous years.

    Terryw
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