Forum Replies Created
No, buyers agent fees are a capital expense and not deductible.
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 would charge $550. The solicitor has to go through the agreements paragraph by paragraph and explain to the client so as to cover themselves. There are a few cases where the solicitor ended up in trouble over these.
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
Depends on the state the properties are located in.
In NSW joint owners are assessed on a single owner for land tax and then given a credit for properties they own on their own.
e.g. $500,000 worth of land held by 2 people jointly is subject to land tax.
$250,000 held each isn’t.
$500,000 joint with X owning another house with $200,000 worth of land tax = Jointly liable on the first and X liable for $250,000 plus $200,000 = $450,000 which is just over the threshold.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
Paying interest in advance means you need to fix your loan for 1 year.
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
That is really a personal choice. keep in mind you can only use up to 90% of the value, not the equity so you may have less useable equity than you thought. I have clients that have taken loans up to 90% repeatedly and done well out of it, but keep in mind the property bubble could burst and you don’t want to be over exposed.
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 would prefer this approach rather than having to constantly apply for various discounts with bank, which seem to be given as standard policy anyway. So why not just build the discount in from the start.
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
Ironlady – vetting of a deed by the bank should take just 1 day. Some ask for various documents which have been missed or maybe for amendments to the SMSF deed etc which could cause further delays, but it shouldn’t really take that long.
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
Richard is right I just got someone a 0% discount at ME Bank. ie they don’t give discounts. Even on a $2mil loan unfortunately.
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
SMSF loans do tend to take longer than non smsf loans (not that there is any reason for this!). You could try asking how long, but they may not really know the answer.
Your options may be to exchange now subject to finance, wait, or find another buyer.
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
Focus on the rate not the discount. ING and Heritage are low at the moment for variable. ME Bank for fixed.
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
Hope the SMSF is not lending money to a family trust. They are probably just confused.
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, if it is rented out.
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
Is it the product that you are on?
The company as trustee can apply for an increase to get access.
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 is not really relevant whether the purchaser is an SMSF trustee or not. Some rules apply for all – if there is no written contract then there is no contract. Ask the agent why haven’t they signed a contract or paid the deposit and ask your solicitor to chase them up too. You can then consider if you should withdraw you offer, – maybe put a deadline.
Maybe give notice so you can show other potential buyers thru. That might hurry them up.
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
Scotty,T the 6 year rule only applies to absences. if you are living there and renting part you are not absent, so s118-145 cannot apply. s118-192 covers earning income from your property and the CGT results.
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 could apply the 6 year absence rule to only 1 property at any one time. But where you have lived in both properties as the main residence you could choose which property to count as the main residence for the 6 year rule. You cannot claim it for the room rentals so these will cause CGT to apply.
In your specific situation you could apply it in part. I think your accountant is wrong.
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
Assuming you own 50% with your son, this would mean you would be up for CGT on your share transferred to him. He would be up for stamp duty on the value of the share transferred to him – not 50% of the stamp duty that would apply on the whole property.
there is also the option for you to own much less than 50% to reduce both the CGT and stamp duty.
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
All lenders and the broker will be subject to the NCCP.Can’t lend you money unless you meet certain requirements. But the NCCP only applies to natural persons borrowing.
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 come across this article
http://www.smh.com.au/federal-politics/political-news/labor-offers-to-end-super-concessions-for-the-rich-20150401-1md29e.html?stb=lknQuote from teh article
“ASFA shows, for example, that there are 475 people with more than $10 million in their superannuation accounts earning $1.5 million in income and there are 100,000 people in Australia with superannuation balances in excess of $2 million,” he said.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
Same tax rates apply to low to middle income earners. No need for a SMSF to get advantages. Laws may change in the future but we can only speculate what these changes will be. The purpose of super is to provide for retirement – but he seems some very well off individuals are takig extra advantage.
I would rather see those with very large balances taxed extra.
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



