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If you are looking for a good solicitor in NSW that is familiar with wraps, try Anthony Cordato http://www.businesslawyer.com.au
Terryw
Discover Home Loans
North Sydney
[email protected]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
Or option 3) You buy her out (or she buys you out). There may be stamp duty concessions here.
Terryw
Discover Home Loans
North Sydney
[email protected]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 may come down to size and the actual postcode of the studio.
Terryw
Discover Home Loans
North Sydney
[email protected]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
ps. I am not a solicitor so don’t rely on my post as I may be wrong!!!!!
Terryw
Discover Home Loans
North Sydney
[email protected]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
Rob
“Consideration is the price paid for the promise”.
eg A agrees to sell X to B for $100,000.
Lets analyse this a bit futher. There are two parts:
A’s promise to transfer title of X to B.
B’s promise to pay $100,000 to A– B’s consideration for A’s promise is the promise to pay A $100,000 for X
– A’s consideration for B’s promise is transfer of title of X to B.Deposits don’t come into it. And I think there would be a valid contract whether a deposit was paid for or not (provided other conditions were met.
Accepting a nil deposit certainly wouldn’t be a wise thing to do however.
Terryw
Discover Home Loans
North Sydney
[email protected]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 beleive that there is no set period in which you have to live in a house for it to be your main residence. 1 day would probably qualify – all you have to do is justify yourself if audited. Keeping evidence like changing address with the electoral roll, RTA etc will help.
I did hear of one case where someone purchased a house using the FHOG and did not atually live there. He just changed his address, got the electricity connected in his name etc and left it there unrented while living with parents. The SRO made him give the grant back, he appealed and lost because the amount of electricity used during this time clearly showed no-one was living there.
Anyway, if you want to buy and sell within short periods the ATO could deem you to be doing this as a business and therefore you could be liable to pay tax on the profits made. It would probably take a while for them to detect this – if at all, and you would probably have to do a few in a short period of time to be caught out. It is just something else you have to plan around.
Terryw
Discover Home Loans
North Sydney
[email protected]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
No. Watchout, that could be bad advice. Wizard obviously do not have an offset account.
Once you pay money off a loan it is considered a repayment. Any withdraw of funds is considered new borrowings (by the ATO). So if you take money out for personal purposes the interest will not be deductible. If you used an offset, the interet on the loan would rise again when you make the withdrawal and this would be deductible as you have not taken any money from this loan account.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Originally posted by hiflo:Hi,
If you are looking for value in conveyancing, you may want to use professional conveyancers.
And if you are selling a property, without any legal issues you are aware of, I would use a conveyancer because they are cheaper than most solicitors. (But only for Torrens Title & Strata Title). For company title or old system title I would definately use a solicitor who has experience in these type of titles as they are completly different and more complex than Torrens Title.(If you are not in NSW I don’t think you would have to worry about it though,,,,)
But if you are purchasing I would advise against using conveyancers unless if it is just transferring title between family members, or you are using them just to save your time for doing the conveyance yourself.
Also, another reason why I wouldn’t use a conveyancer when you are purchasing, is that a solicitor can advise you on which entity to purchase a property because he is at least aware of how CGT, GST will affect different entities and advise you appropriately. If you only intend to purchase one property and keep it as your PPOR you may not need to have a solicitor advise you on such issues. But if you plan to have more than one property then it may be wiser to use a solicitor who can advise you as to what kind of structure is available to purchase a property.
Currently I am working for a sole practitioner as a junior solicitor and trying to learn as much as I can about conveyancing, tax & legal issues because I also want to get involved in property investing in the future and I am writing from my experiences…..
If you have any further questions regarding the price of conveyancing in our practice you can PM me.
Hiflo makes some excellent points there. I too would only use a solicitor.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Eleven
Make sure you get some advice before doing this yourself. A few comments on your scenario above.
1. The trustee would need to be in existance before the trust is settled.
2. Why have two directors? It only creates more risk. It is better to have just one director, and possibly one shareholder (as lenders may ask for guarrantees from all shareholders).
3. You probably wouldn’t be able to claim the interest on your own income unless you used a hybrid discretionary trust and you borrowed in your own name (to buy the units).Terryw
Discover Home Loans
North Sydney
[email protected]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
Try http://www.strategicwealthmanagement.com.au
Terryw
Discover Home Loans
North Sydney
[email protected]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
In that case, it would be better to go for a term loan. There is no real point in getting a LOC if the rate is higher than a term loan.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Another option. What about hanging on to it and keeping it for capital growth? It must not be negatively geared too much after tax deductions?? You could also probably get a much low interest rate than 7.5%.
If you want to help the tenant, you could also offer vendor finance – lend him the deposit and let him get the loan in his name.
Do you know why can’t he get a loan? on an income of $80,000 he could probably borrow up to about $500,000.
Terryw
Discover Home Loans
North Sydney
[email protected]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
Originally posted by The Mortgage Adviser:……..
As for not paying a deposit, as a vendor, if I did not receive a deposit, I would not consider it a valid contract as no ‘consideration’ has been provided by the buyer and I would sell to anyone else who offered me more and paid a deposit. I don’t think I would lose in any court on the grounds of ‘no consideration’ by the initial ‘buyer’.
………Rob, I think you will find that consideration does not have to be in the form of a deposit. If someone has signed a valid contract, then the consideration is the promise of payment. So a deposit would not really be necessary.
But I am no lawyer.
Terryw
Discover Home Loans
North Sydney
[email protected]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
This means that you are going to have to lend them the other 50%. Whether it is worth pursuing or not will depend on many other factors such as:
– how soon you need the other 50%
– The price they have offered (should be more for the trouble)
– The security for your 50% – eg second mortgage.
– The interest they will pay you for borrowing your money, and the terms – ie how long, PI or IO etc.So it may be an option, but then again you may be able to find someone able to pay full price straight away.
Terryw
Discover Home Loans
North Sydney
[email protected]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 its true! You could also use your left shoe instead.
Terryw
Discover Home Loans
North Sydney
[email protected]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 think Rob misunderstands my position.
I am a fan of LOCs, but am also a fan of offsets. I think they both work well and I use both myself.
LOCs are good if you want to ‘borrow’ money to pay investment expenses.
Offsets are good if you have spare cash and want to store that for later use while saving interest.
I wouldn’t advocate using a LOC if you are going to have your wages, rents etc paid into the account. Better to use the offset. I like LOCs to be used on unused equity.
With ANZ, the LOC does have a yearly charge, but if you are on hte professional package, it would be the same rate at the term loan with only the package fee.
Terryw
Discover Home Loans
North Sydney
[email protected]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 you can’t prepay interest unless you fix for one year and you won’t be able to do it until you start the loan until the property settles, so time is running out.
Terryw
Discover Home Loans
North Sydney
[email protected]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
rmittlal1.
I beleive you accountant could be incorrect – with 4). If you move back into your original house, then you could not claim this at the same time as you were claiming the other one – except for a short period (6 months) where you can claim two properties at the same time.
Terryw
Discover Home Loans
North Sydney
[email protected]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 watched that program too. It looked good didn’t it.
However, when you think about it, there is really no need to buy a budgeting program, all you need is a simple spreadsheet and the determination to record your spending habits. Once you get some records there, you will be able to see where all your money is going and then decide where you can cut back.
Terryw
Discover Home Loans
North Sydney
[email protected]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
of course, if your property has gone up in value, you may not need other security now.
Terryw
Discover Home Loans
North Sydney
[email protected]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



