All Topics / Legal & Accounting / How to release equity – without selling?

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  • Profile photo of JustplainnutsJustplainnuts
    Participant
    @justplainnuts
    Join Date: 2009
    Post Count: 13

    Hi Everyone,

    I live in an apartment that is fully paid off with my boyfriend. The apartment is in my name only and we do not have anything legal with both our names on it.

    So, we are thinking of buying a house.

    Let's say we want to keep the apartment, is it possible to sell the apartment to my boyfriend so he has it as an investment and I use the money to put into our house?

    Thanks Guys

    Regards,
    Jo

    Profile photo of JaSin66JaSin66
    Member
    @jasin66
    Join Date: 2011
    Post Count: 30

    You already own it, so seeing as you are a couple it would be like buying the property twice.

    Why wouldn’t you just use the equity you have in your property to invest in another.

    There’s no point in having 2 mortgages, 2 stamp duties, 2 solicitor bills etc etc……………..

    Keep your apartment,…Use your Equity to buy the house in both names, Rent it out (investment property), with rent and your dual income you will pay it down 3 times as fast.

    Profile photo of Mick CMick C
    Participant
    @shape
    Join Date: 2010
    Post Count: 1,099

    Ummm your doing this all wrong, for the reason you want anyway….

    1. Stamp duty is payble for the transfer. ( depending on state)
    2. Since you want to buy a house in joint names – it “MAY” ( i say may because i dont know the financial figures) not make a huge financial difference,– what your doing is really shifting from NOT having a mortgage to having a mortgage under your BF’s name- so really your Joint serviceabilitly has decreased but your join “savings” has increased by the sales.

    Solution:
    It’s a simple solution, ask for a equity release and use this money (cash out) as a deposit to purchase your home.
    IE, Unit worth $200,000 —- Approach bank or broker to organise a equity release of say 50%— so $100,000 cash will be given to you to fund the home purchase.

    Regards
    Michael

    Mick C | Shape Home Loans
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    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    one question (& lots of consequences):
    Do you intend living in the house or is it to be an IP?

    The tax treatment of your intentions will be very different.

    Profile photo of veseliveseli
    Member
    @veseli
    Join Date: 2011
    Post Count: 33

    Just out of curiosity,  will the bank give you loan of 100k or your cash out (no loan) in her case?

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

    If you qualify as spouses and the property is located in VIC then you may be able to transfer it to your boyfriend without stamp duty and without CGT as it is your main residence.

    Your boyfriend could borrow 105% to buy it off you are market rates and this would free up a large amount of cash which could then be used to buy the new house. Net result = large conversion in undeductible debt to deductible debt.

    If the property is in NSW you would only be able to transfer it from 1 name to 2 without stamp duty and only if you were going to keep it as your main residence. I think the same applies in QLD.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of Mick CMick C
    Participant
    @shape
    Join Date: 2010
    Post Count: 1,099
    veseli wrote:
    Just out of curiosity,  will the bank give you loan of 100k or your cash out (no loan) in her case?

    ?? yes bank will cash out 100k- WITH a loan….( apply for new loan- cash out equity release loan)

    Regards
    Michael

    Mick C | Shape Home Loans
    http://www.shapehomeloans.com.au/
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    Profile photo of JustplainnutsJustplainnuts
    Participant
    @justplainnuts
    Join Date: 2009
    Post Count: 13
    Terryw wrote:
    If you qualify as spouses and the property is located in VIC then you may be able to transfer it to your boyfriend without stamp duty and without CGT as it is your main residence. Your boyfriend could borrow 105% to buy it off you are market rates and this would free up a large amount of cash which could then be used to buy the new house. Net result = large conversion in undeductible debt to deductible debt. If the property is in NSW you would only be able to transfer it from 1 name to 2 without stamp duty and only if you were going to keep it as your main residence. I think the same applies in QLD.

    Thanks for the advice everyone.

    Terry,

    That's exactly what I was thinking of doing (if possible). I'm in NSW, the plan is my boyfriend get a loan and buy the apartment   off me and I can use that money to buy our PPOR/house. And now i know we have to pay stamp duty to do that.

    Just to double check – when do you say borrow 105%, do you mean borrow the whole amount including stamp duty fee? And it becomes deductble debt because it is now a negatively geared investment instead of a fully paid one?

    Cheers
    Jo

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

    Jo,

    The debt would become deductible not because it is negatively geared, but because they borrowing was used to purchase an income producing asset.

    Borrowing 100% plus costs would free up more money and create bigger deductions.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Brett73Brett73
    Participant
    @brett73
    Join Date: 2011
    Post Count: 8

    Hi Terry,
    I am in a simliar position to Jo and I am wondering what you would suggest.

    My PPOR is valued at around $750k in the South West of WA and I have no debt attached to it. We own in joint names
    I have 3 IP's all +ve geared that I financed at 100% ( around $2.3M total ) at the time of purchase, which have grown in value so I now have about 10-15% equity due growth ( interest onlly loans ) – This may have no bearing on the problem but thought I would include it just in case.

    Now I have been offered a job that is 2500km away in the North West of WA. 
    I am purchasing a block in joint names and plan to build a house worth appox.$900k once complete to live in.

    Do you know if I can transfer the equity from my current PPOR in the South West to my new PPOR in the North West without selling it my property in the South West?.
    My current interpretation of the ATO website on deductible interest appears to say that this is not possible.
    A friend suggested that my wife could sell her half of our current PPOR to me, thereby making about $375k deductible.

    Any other suggestions ??

    Regards,
    Brett

     

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Hi Brett

    Regretfully you cannot just transfer the equity from 1 property to another.

    What you could however do is:

    1) Look to purchase your wife's share (or vice versa assuming her income allows for this) in the current PPOR and then claim a Tax deduction on the interest once the property becomes available for rent. She in turn uses the funds to invest in your new PPOR.

    2) Both of you look to sell the property into a Unit Trust structure and borrow 100% of the value (or 80% to avoid LMI) and use the net funds to do likewise.

    Course as has been stated previously there are considerations which would include Stamp Duty on the Transfer (this will depend on which one of the 2 strategies you look to adopt) which would need to be weighed up against the interest savings.

    Then you need to factor in the annual land Tax which maybe greater by holding the property in a Trust structure.

    All in all on the numbers you have mentioned i think it is certainly worth thinking on doing something.

    Get your current Bank to do the numbers for you.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

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

    I agree with Richard

    You might want to look at the Duties Act WA to see if there are any stamp duty exemptions, but I don't think there are unless transferring from one name to both names for a main residence.

    Even though it is costly it may work out cheaper for you to sell and then reborrow to buy a new investment property down the track – after paying for the new main residence.

    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 Brett73Brett73
    Participant
    @brett73
    Join Date: 2011
    Post Count: 8

    Thanks Richard and Terry,

    I have done the calcs based on my wife selling her share to me and the interest deductions would be about $10k per annum but cost $12k in stamp duty.Therefore would save money a little after 12 months.

    I have not looked into a trust structure because my understanding is that losses cannot be claimed against personal income. Therefore, the loan interest could only be used to offset income from the property but not to save income tax if it is negative geared.

    Have either of your heard of a special tax ruling that allows you to withdraw equity if you can prove that you are moving because of work or a transfer. I paid an accountant about $500 about 12 years ago for info relating to a similar situation. I have lost contact with the accountant because I moved and I have not found anyone else that has heard of it.

    regards
    Brett

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

    Nope, never heard of that ruling.

    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 Rob G.Rob G.
    Participant
    @rob-g.
    Join Date: 2010
    Post Count: 70

    This whole thread neglects to caution against sexually transmitted debt.

    Get some legal advice regarding asset protection before optimising your tax position.

    Cheers,

    Rob

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Like Terry never heard of any such ruling.

    We work with a couple of specialised further of Asset protection lawyers and have done for their clients for nearly a decade.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

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