Forum Replies Created
FW
Have a look at Adelaide bank.
I think the problem may be with the way the cotnract was structured, as Lucifer has said. May be too late now??
Terryw
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Hi Ian
It is still worthwhile considering using a trust. You never know when your situation will change. eg you could get married tomorrow, then your new spouse and her relatives would automatically become beneficiaries.
You also have the option of forming a company later on and having that as beneificary too (or even another trust).
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Also bear in mind, if you were to sell the property or to refinance within the fixed period, there could be very high exit fees, depending on the rates at the time.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Ni Hao
A friend of mine purchased an new apartment in Shanghai city a few years ago. She is Chinese, but no longer a citizen, but was still able to get 70% finance. It was positively geared from the start, and has since more than doubled in value.
I think China is good value, but maybe you have missed the boat? Beijing is also booming because of the olympics (and other reasons). And the laws have also been changed recently regarding property ownership, making it more stable.
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
The deed is usually worded so that any of your relatives can be beneficiaries.
Non residents can be beneficiaries, but there are special tax rules for non residents so they may be charged higher tax – about 30% I think.
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
Cia
Trusts cannot distribute losses, but they can be retained and offset against future profits.
Have a look at Hybrid Trusts. You may be able to get around this buy using a hybrid trust and borrowing the money in your own name (not the trust) so you can claim the interest on your personal income.
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
Wrappack. It would be about 10 to 12%
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
You can wrap any property. including highly priced Sydney property.
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
Hi
I agree, it is capital growth that will make you rich. Even getting $70pw cashflow from a property is not much if it doesn’t increase in value.
It would be great if you could get both, and sometimes you can.
And you may not have to wait 10 years for growth. I know a few people who’s properties have doubled in 12 months.
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
Cannot be done.
you could consider selling the IP, using the proceeds to pay down the PPOR, and then borrowing against this to buy another IP. But then you have all the associated costs: Stamp duty, CGT, RE fees etc. (Or you could sell to your trust).
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
Hi Scott
There is no reason you have to change title just to refinance. It is up to you as a personal decision.
Changing title means you a actually selling half of the house to your partner. SO you may need a solicitor, and will have to pay stamp duty on the value of the share transferred. If it is not your main residence, then you may also have to pay CGT. So it could be costly to do this.
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
If you buy the property (ie transfer title) you will have to pay stamp duty. In Vic it may be possible to sign the contract ‘and/or nominee’, and then to nominate another party before settlement. If you already have the nominee and have a written agreement in place before you sign, then you may be able to avoid stamp duty.
If it is a friend, maybe you could just get an option on the property and then onsell. saving yourself a lot of stamp duty.
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
Suze
Why would it be better to buy in a company name? Companies do not get the 50% discount on CGT, so when you were to later transfer them to a trust, you would be charged 30% tax on the CG.
If something goes wrong, the bank may still be able to take your PPOR as you will be giving a personal guarrantee as Director, therefore your personal assets will be vulneable.
A far better option would be to buy the property in the correct structure in the first place. Trusts are usually the way to go. Talk to a good accountant about this.
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
Why limit yourself to the North Shore?
There is a really good accountant in the city,
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
A bird in the hand is worth two in the bush.
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 just did some searching.
ID 2004/58 can be found at:
http://law.ato.gov.au/atolaw/view.htm?find=%222004%2F58%22&docid=AID/AID200458/00001and
Also see:
ID 2004/59 Capital gains tax: sale of house – instalment sales contract – consequences of sale not proceeding
http://law.ato.gov.au/atolaw/view.htm?locid='AID/AID200459‘Which states that the CG will be disregarded if the contract does not proceed.
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
Just remember this is only an interpretive decision, not law. The ATO will probably pick a test case and go to court.
Imagine if you had wrapped in properties in one year, each with a $20,000 markup. You would not receive this capital gain untill years down the track, but may be required to pay $200,000 in CGT upfront!
What happens if the contract is terminated after you pay this CGT, and then you decide to just rent the property out normally.
You should probably start preparing now. Maybe lease options can overcome this. Maybe structuring the deal differently. Eg no markup, just a higher interest rate with a ‘fee’ at settlement.
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
Shit!
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
Hi Daa
Don’t forget the cumulative effect-saving interest on interest. Also to save $500 after tax, you may have to earn about $1000 before. Every little bit helps.
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
Have you looked at ANZ’s Equity Manager? Last time I looked it was 7.07% and you could get a 0.60% discount off this by joining the professional package – making it 6.47%.
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



