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

    I jsut use excel now. I used to use Quicken and money etc, but excel does the trick.

    Terryw
    Discover Home Loans
    North Sydney
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    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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    Post Count: 16,213

    There are still plenty of options after that. If LMI is not invloved, then no probs (as long as you can service). It is generally only the securised lenders that have LMI on all of their loans, but many major banks also have LMI on their low docs no matter the LVR. It is best to plan big from the start and this will enable you to go further in the long run.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    Hi

    Yes, any profit (after all costs decuted) will be added to your taxable income and you will have to pay extra tax at the end of the year.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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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    Yes, Simon is correct. A telephone blemish is nothing these days. Maybe it is something more serious and they don’t want to tell.

    If you want to proceed with the vendor finance, just ask your solicitor is help you out. You should probably take out a second mortgage to secure your debt. Charge them around 20% pa for the hassle, and the extra legal fees.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Join Date: 2001
    Post Count: 16,213

    I just realised that this potential client of Greg’s is probably going to live in the house and the loan would therefore be covered by the UCCC. Under the UCCC, borrowers must demonstrate that they will have the ability to service the loan. So, I don’t know, the major lenders may be concerned with how he is going to keep repaying the loan if he is going to retire in a few years. If it was an investment property he would have rent coming in to cover it.

    I have never seen it happen, but maybe they could argue this line.

    But then again, retirement is not compulsory anymore!

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 paid land tax on my wraps in VIC, but I remember that there was a form which you could send in and claim an exemption, and I beleive having sold the property on a terms contract was a valid point for exemption. I just never followed it up as it was too small to worry about.

    It seems everybody is getting different from different staff in the same givt departments. It may be wise to email them so that you get a reply in writing.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 Janette

    Hmmm. I don’t think you can do that (legally) either. If you paid cash from your superfund, then the superfund would be the owner.

    Or maybe your super fund would ‘loan’ you the money and you buy your home. If that were the case, then there may be problems with it not being at arms length. Superfunds cannot lend money to the trustees or their family. This maybe possible somehow – eg two friends swapping houses.

    But I don’t know much about super, so am probably wrong!

    Good luck

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 Simon. I thought it was more like 3 years!?

    Kaye, the man may live to be 119 years old!

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 GGG

    I beleive that if you purchase a property using a superfund, then you cannot access the equity – superfunds assets cannot be mortgaged.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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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    Yes, good question. Just bear in mind that you can structure lease option is so many ways, so it is hard to know how they are doing this.

    Probably the property would only rent for $200 pw normally. So they want to charge an extra $190 in rent, of which they will give you back $130 IF (note big IF), you buy the property off them. With LOs I think there is less chance that the tenant will eventually buy from you (compared to wraps). Since it is only a lease, tenants would be more inclined to walk away for various minor reasons.

    If they walk away, then the owner would have collected an extra $130 pw in rent which they would get to keep.

    Even if the too up the option in say 2 years time, the property may be worth $240,000, but they can get it for $230,000 less $13,520 rent credit = $216,000.

    So the owner may have made $16,000 on the gain, and an extra $19,760 more in rent than they normally would have (ie $190 x 52 x 2).

    You also don’t know the details, the strike price could be increasing annually in line with the CPI, and/or the tenants rent could be increasing as well. In addition they are probably getting the tenant to pay all rates, insurance, repairs etc saving them another $2000 per year.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 Piper

    Tenants usually do not have any equity, if they chose to go ahead then they often get discounts, but they don’t own or have any rights to this if they do not proceed – usually.

    If you are looking for a LO as a tenant, have a look in your local paper, and/or sites like this.

    It seems that LOs occur more often on the cheaper type of property rather than expensive.

    Watch out for little things in the contract, eg. getting behind in your rent by more than x days could void your option. So get your solicitor to go thru it with you.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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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    Delboy

    It would depend how you structured the LO.

    eg one way, you could have a 2 year option, when they wish to renow after 2 years, the value would have risen so you could determine a new strike price and you could increase you loan to this amount (subject to serviceability).

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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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    Andrew

    I think that buying out your partner is a good way of increasing your deductions for a small cost, but if this is your PPOR I assume you are renting it out to claim the deductions.

    From what I have learned:
    -You must live in the house first to claim it as your PPOR, and
    – You can only have one PPOR at one time (except for 6 months overlap)
    – You may need to prove that this is your PPOR even tho you have elected it as one.

    check out:
    TD 51
    CGT Determination Number 51
    Capital Gains: What factors are taken into account in determining whether or not a dwelling is a taxpayer’s sole or principal residence?
    http://law.ato.gov.au/atolaw/view.htm?locid='CGD/TD51/NAT/ATO

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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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    Pelican

    Yep. Good point. LMI will restrict you, but I think it is better to ‘get it while you can’.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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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    Post Count: 16,213

    If you can find wrap finance at 95%, then I think it is generally better to go for a high LVR to use less of your money. It allows you to go further, but does cost more in LMI.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 Delboy

    I have made a few posts on this before.

    I prefer LOs for a number of reasons such as
    – easier to get finance
    – less problems with equity ownership (ie it is all yours)
    – you can access the increased equity
    – Can be shorter, say 2 years per option, allowing you to be more certain. ie wraps could drag on for 30 years.
    etc

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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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    Post Count: 16,213

    Hi

    I have heard one lender say they just gave a 30 year loan to an 89 year old!

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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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    Post Count: 16,213

    I would be very wary of the postive cashflow strategy now. When Steve did it, it was a totally different market. He was getting good cashflow in major regional towns and these had loads of potential for good capital growth – which is what happened.

    These days it seems that the only postive cashflow proerty you can get is in the small outer outer whoop whoop type areas. These may have limited capital growth – maybe even negative growth. Even in the so called good areas, we may be seeing a period of low growth for a few years.

    So just be careful with what you buy.

    BTW you can still get postive cashflow proeprty in the good areas, you just have to look harder and get creative.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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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    Post Count: 16,213

    You could possibly have your contract rescinded and get the end purchaser to enter into another contract directly with the original seller. But watchout as you could be cut out, so check things carefully with your solicitor.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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
    Participant
    @terryw
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    Post Count: 16,213

    I agree with Derek, but if you have ever lived in your home, you may be able to claim this as your PPOR instead of the unit – depending which one has grown in value more.

    I think GEO means, that if you are classed as a proeprty trader, then there is no CGT. But there is income tax and you do not get the 50% discount on the gain. So it would probably better not to be classed as a trader. I don’t think you can register for this either. You just submit your return and argue your case if audited.

    ps I am not an accountant.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    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 - 14,761 through 14,780 (of 16,328 total)