All Topics / Legal & Accounting / Tenants in common and refinancing a loan

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  • Profile photo of AndrewDjapourasAndrewDjapouras
    Participant
    @andrewdjapouras
    Join Date: 2003
    Post Count: 9

    I currently own an investment property with my wife 50/50, however she has stopped working to have a family and for tax purposes we want to move it to 99% in my name.
    I know I have to pay stamp duty on the property for the transaction, but the question I have is where or not I can refinance the investment loan and shift some of the debt on our home loan by actually paying my wife for her share of the investment property.

    Warm regards
    Andrew

    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781

    I think this is a great concept.

    I don’t know the answer. Please speak to an accountant and let us all know how it pans out!

    Thanks mate,

    Simon Macks
    Mortgage Broker
    http://www.mortgagehunter.com.au
    0425 228 985

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

    Profile photo of AndrewDjapourasAndrewDjapouras
    Participant
    @andrewdjapouras
    Join Date: 2003
    Post Count: 9

    I have already log a call with an accountant and I am waiting on a reply. Just thought some has already been there done that. I will share it once I have an answer.

    Cheers
    Andrew

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

    Andrew, good strategy which should be OK as you are purchasing another 49% of the property, so can borrow the money to do this. You wife can then use the proceeds to pay off your PPOR or other.

    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
    Join Date: 2001
    Post Count: 16,213

    One more thing to consider is, your wife will probably have to pay CGT on market value of her share sold.

    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 AndrewDjapourasAndrewDjapouras
    Participant
    @andrewdjapouras
    Join Date: 2003
    Post Count: 9

    Terry,

    Thanks for the feedback, the accountant has also confirmed it. Pay stamp duty, pay CGT and then you can refinance.

    Cheers
    Andrew

    Profile photo of AndrewDjapourasAndrewDjapouras
    Participant
    @andrewdjapouras
    Join Date: 2003
    Post Count: 9

    Terry,

    Thanks for the feedback, the accountant has also confirmed it. Pay stamp duty, pay CGT and then you can refinance.

    Cheers
    Andrew

    Profile photo of BorgieBorgie
    Participant
    @borgie
    Join Date: 2003
    Post Count: 2

    your wife can give you her 49% so you have 99% and she has 1% without paying stamp duty just solicitor and transfer fees about $500 total then you can claim 99% of deductions in your name.
    Ask your accountant I’ve done something similar.
    Regards Borgie

    Profile photo of Mortgage HunterMortgage Hunter
    Participant
    @mortgage-hunter
    Join Date: 2003
    Post Count: 3,781

    Borgie,

    I think this is different in different states.

    Cheers,

    Simon Macks
    Mortgage Broker
    http://www.mortgagehunter.com.au
    0425 228 985

    Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.

Viewing 9 posts - 1 through 9 (of 9 total)

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