Forum Replies Created
1. From a corporations law point of view you may need a new director. You shoudl also consider the terms of the loan agreement – may need bank’s consent.
2. Loss of the 50% CGT discount. No income to offset any losses (other than rent). Losses may carry forward.
3. Consider if you will actually be a non resident. There is a recent case where an aussie went to dubai for work for a number of years yet he was still a tax resient here.Best to seek tax advice on this.
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 is the difference between Stamp Duty on Mortgage and Stamp Duty on Purchase?
Scenario:
IP – 400K
Stamp Duty – 20K
LMI – 10K
conveyancing $1kIn the above scenario, can I claim Stamp duty + LMI + Conveyancing?
You don’t actually mention stamp duty on the mortgage here.
You could only claim LMI over 5 years.
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, they probably can charge you LMI. This is payable upfron on the loan amount. LMI and mortgages are ‘governed’ by the banks. If you want to make a complaint the first point of call would be to the bank’s complaint department and then try to get onto COSL or the credit ombudsman.
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
Nope
Stamp duty is imposed by the State Government.
There is stamp duty on many things such as transfer of land, mortgages, insurance contracts, LMI.Stamp duty on land transfer is the main one but there is also stamp duty on mortgages in some states such as NSW. However there is an exemption for a mortgage to purchase residential property, in NSW, where the purchaser is a natural person – ie not a company or trustee. A LOC set up on NSW would attact mortgage duty where the funds being borrowed were not immediately to be used for the purchase of property.
There is also another stamp duty on LMI premiums, up to 10% in some states.
Stamp duty on a mortgage would be a borrowing expense as would stamp duty on LMI.
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 the same principle. If you make a loss from a legitimate business or investing in houses this loss can be used to offset other income. For property it works if you have an ABN or not (because property investment is not a business ususally).
If you start offering services to others then this would be a business and you could claim associated costs, including travel you make in connection with the income.
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
Even though you cannot claim the property expenses during the vacant time you may be able to use these expenses to reduce the CGT in the future – so keep the receipts.
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
Not a very good idea to invest in property in a company and certainly not a trading company. You could easily lose the property.
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
There is no FHOG in NSW I beleive.
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
Gifts aren’t taxed in Australia. – as long as it is not really income.
You should consider the asset protection aspects of receiving this gift too.
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 draw up these sorts of loan agreements all the time. Would it be commercial for your husband to lend you unsecured at the same rate that he is paying? probably not, so I advise clients the lender should take security and make a small profit.
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
Having an ABN won’t change anything. You cannot contract with yourself and even if you could the income would cancel out the deductions. Nor could you claim more expenses just by having an ABN. If you are contracting with others you could claim expenses associated with the production of this income.
Would you need any licences?
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
Ben
If you have lived in A since acquistion it could be exempt from CGT. If you move into B it will always be subject to CGT but based on the period it was rented out as a % of the time held.
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 are considering moving the residence into a trust then you will need legal advice – probably by a NZ lawyer or a lawyer across both jurisdictions. You should also consider the tax aspects as well as the asset protection and estate planning aspects. THe loan will need to be discharged and applied for by the trustee, not just a refinance/
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 at tax time you have incurred an expense you can claim it agains capital gains or income but nnot both,
If it was a business then there would be no CGT anyway.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 gst on residential property unless new.
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 Australian institution would lend secured by overseas property because of the different jurisdictions – enforcement and taking possession of the property etc would all be under American law and therefore complex and costly.
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
its rare to be audited.
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
Trusts and structures are legal matters so you need legal advice. Accountants can only give the tax advice part.
There is a well known structuring lawyer in Tas called Peter Worrall – not sure if spelling correct but a google should assist.
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 just a lease with an option to purchase and a contract of sale. Most property lawyers could do this, but try Lewis O’Brien who is a Vic lawyer experienced in vendor finance type deals.
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 it is possible.
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



