Forum Replies Created
Rob was posting while I was typing (yes it took me 20 min to finish). But I would like to add, if an offset is used, for the purposes of calculating trailing commission, most lenders calculate the trailer based on loan amount less what is in the offset account.
So brokers recomending this strategy are not doing it just to increase commissions.
Terryw
Discover Home Loans
Mortgage Broker
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
Brokers do receive a trailing commisison based on loan balance, so a higher balance would mean a higher comm. But this would only be small amounts and probably would not influence anyone.
Terryw
Discover Home Loans
Mortgage Broker
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
Clients will also have to pay LMI. I guess you can’t have every thing.
Terryw
Discover Home Loans
Mortgage Broker
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
my bloody printer isn’t working!
Terryw
Discover Home Loans
Mortgage Broker
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
Off the top of my head, Bankwest Lite (low doc) does not have exit fees.
Terryw
Discover Home Loans
Mortgage Broker
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
Thank you Jay
And here is the tax ruling:
TR 2000/17 “Income tax: deductions for interest following the Steele and Brown decisions”http://law.ato.gov.au/pdf/tr00-017.pdf
Terryw
Discover Home Loans
Mortgage Broker
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
Markus
I have heard an accountant suggest a new structure for short term project like renos. This is because the ATO could class you as a ‘trader’ ad the properties as trading stock. If this happened you could lose access to the 50% CGT discount. You would not want to lose the discount on the buy and holds, so a separate structure would help ensure that doesn’t happen.
Terryw
Discover Home Loans
Mortgage Broker
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
The.J
One question though. How did the bank make the mistake? Surely you must have put your wife’s name on the application form or they would not have know her details??
Terryw
Discover Home Loans
Mortgage Broker
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
Possibly nothing! if you move out of your main residence, for up to 6 years, then you can still treat it as your main residence, even if rented. If you sell wihtin 6 years of moving out, then you can pay no tax.
If you are claiming Brisbane as your main residence, then you have to chose which one you want as your main residence during the cross over perio. You can only have one main residence, except for a 6 month period when you can overlap.
If the above doens’t apply then:
(Value at date you moved out) – (Sale price) = profit.From this profit you can deduct costs such as stamp duty, agents fees etc. And you must add back any depreciation claimed. = Net profit.
If you have held it more than 12 months, then this net profit is divided into 2 (ie 50% discount).
This is the taxable capital gain.
This taxable gain is then divided into portions as per ownership. Usually 50/50.
So 50% of the CG goes into the husband’s salary and 50% onto the wife salary.
You then pay income tax on your new yearly salary.
Terryw
Discover Home Loans
Mortgage Broker
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
Commercial 2nd mortgages generally only go up to 80$ LVR and the rates are high – up to around 24%. They may not be hard to get, if you have the equity, which you probably don’t.
Have you secured a first mortgage yet? Maybe you culd bump this up a bit, and/or ask the vendor to increase the amount they are offering as finance. I imagine it would be hard to gain more than 100% finance, but you never know until you ask.
Terryw
Discover Home Loans
Mortgage Broker
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
A Binding contract could be established if it has an offer, consideration and acceptance. There is no requirement for a contract to be in writing-except for land.
So if you sign a piece of paper with a price, the adress and the vendor listed, it could be argued that this is a contact of sale. All the other party has to do is accept and it may be a binding contract.
Terryw
Discover Home Loans
Mortgage Broker
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
You just need to find a buyer. Thats the hard part! One Sydney based solicitor to talk to is Anthony Cordato http://www.businesslawyer.com.au
Terryw
Discover Home Loans
Mortgage Broker
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 am not sure also, but think you can only claim expenses at the same % of ownership. If she is not on title, she doesn’t own anything. The loan may be in two names, for whatever reason, but the deductions (and income) should go to you.
ps not an accountant!
Terryw
Discover Home Loans
Mortgage Broker
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 Julia at http://www.bantacs.com.au
Terryw
Discover Home Loans
Mortgage Broker
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, You may need some new advice, and then make a back claim for up to the last 4 years.
Terryw
Discover Home Loans
Mortgage Broker
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
The rarely come in over, but i had one client who had a property come in 20% more than purchase price. In the end, I was able to get him a 95% loan without mortgage insurance.
Terryw
Discover Home Loans
Mortgage Broker
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
What about you Coastymike? You sound like you know what you are talking about, where are you located? On the coast somewhere?
Terryw
Discover Home Loans
Mortgage Broker
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 geoff_b:We have purchased our own home using our family trust. We have since learned that this might be a bad idea. Can anyone provide any pointers on who we should talk to regarding un-doing this? Or any other advice? We’d ideally like to take it out of the trust and put it in our own name.
Geoff
How did you come about buying your PPOR in a trust? and why do you think it a bad idea now?
If you transfer it, there will be stamp duty and possibly CGT to pay.
Terryw
Discover Home Loans
Mortgage Broker
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
Now that is thinking outside the square!
Terryw
Discover Home Loans
Mortgage Broker
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 depends on each person’s situation. SOme for example allow 100% of rent to be taken into account, others only 70% – not much good if you don’t get any rent. Some also allow negative gearing benefits to be added back. or some self employed benefits to be added back.
Terryw
Discover Home Loans
Mortgage Broker
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



