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  • Profile photo of Richard TaylorRichard Taylor
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    Paul

    Hate to say a pipe dream it is:

    You are unable to transfer non business property into your superanuation fund and any lending within the fund needs to be non recourse.

    The transfer of property into Super would trigger if possible (Commercial / Industrial is ok) both stamp duty and CGT.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Solicitor would do the Transfer document but will only do as you tell him.

    Your mortgage broker would be able to structure the loan for you.

    Drop me a line if you need a hand to make sure you have the right split up given any variabnce in marginal tax rates.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Hi Pappy

    If i have it the right way around you would move into the new house and rent out your current PPOR.

    Only problem you have there is that the interest on the new loan will not be tax deductble whilst your current townhouse will be positvely geared and the net rent after expenses together with the income you receive from your father will be added to your income and taxable at your highest marginal rate.

    Depending on the actual figures you could look at selling your current Townhouse to a Trust structure , borrowing 100% of the current market value and use the net loan after repayment of the $70,000 as deposit on your new property.

    This converts the non tax deductible debt into tax deductible interest although as mentioned all of the information is required to make a worthwhile comment.

    Stamp duty will be payable but again depending on how long you intend to stay in the new home will determine whether the exercise is worth it.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Aimee

    There are two ways a property can be purchased:

    1) As Joint Tenants which is a type of joint ownership of property where ownership passes by survivorship. On the death of one joint tenant the property held as joint tenants automatically passes to the surviving owner of the property and not by their will.

    2) As Tenants in Common which is the other way of holding property. The property owned by a tenant in common is preserved on death and goes to the estate of that tenant in common.

    When you purchase the property you decide which way you wish to hold the Asset and this is shown on the Property Transfer form.  If buying as Tenants in Common then out of the 100% shares of ownership you split the ownership according to your own situation. This could be 50 / 50 or 99 /1.

    Assume the property is purchased jointly with a spouse and one of you is on 100K per annum and the other party not working.
    Whilst initially the property will be held as your PPOR it will eventually be an IP where you may wish to maximise your Tax deductions.

    If you bought it jointly then 50% of any loss would be added to one of the parties income and their marginal tax rate would be fairy low. If however the deductions where claimed by the party who was paying 42 cents in the dollar then this would result in a higher tax deduction easing cash flow.

    If you decided to change the ownership structure when you rent the property out then you will incur additional stamp duty and if the transfer was done after a 6 year from the date you vacated then CGT would be payable. 

    Simple lesson is get it right from the start.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Problem is in doing that Linar you are unable to redraw the excess payments down the track and claim them the interest as a tax deduction.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    No none at all.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Craig

    I have no problem =with such a product where the cirumstances dictate and the property is in a good capital growth area.

    Similarly an Equity Finance Mortgage or Equity Share product also has a place for the right borrower. This unfortunately is a Full Doc product and currently not available for investors yet.

    As long as you are not paying a high rate premium for the money management it is the same as capitalising the interest yourself through a  Line of credit product. 

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Aimee

    Clearly the preferred way to go forward is a simple interest only loan on your PPOR with a 100% offset Account.

    If the property will be negatively geared then ensure that the PPOR is held as though you were buying a IP from the start.

    If you want to hold the property as Tenants in Common with an apportionment of the shares then ensure the Transfer document is adjusted accordingly.

    If you adjust the ownership details down the track then this could trigger both a stamp duty and CGT liability.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Max

    An investor orientated mortgage broker can often alleviate some of the issues you have outlined.

    Unless you can tie up the property under contract with subject to terms there is never a fool proof way of avoiding gazumping but a quick valuation and the ability to move forward when required can often help put a vendors mind at rest.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    I am lost as to why your Partner doesnt want a loan over the property.

    I think you will struggle to get anyone lend $30K on an unsecured basis especially on a Nodoc style loan.

    Private loan with mortgage or caveat on the Units repayable in 6 months would probably be doable.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Perhaps no one has told Metricon then.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Emma

    Was it our friends at TIC.

    If so you might want to commission a proper valuation.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Hi Elka

    No sure about the encyclopedia bit but thanks anyway.

    Section 17A of the SISS must be satisfied for the SMSF to comply. This section requires that :

    1) Each member must be a Trustee or if the Trustee is a Company each member must be a Director of the Company.

    2) A person who is not a Member may not be a Trustee or a Director of a Company which is a Trustee:

    There are very limited exceptions for Legal Personal Representatives to become Trustees however the LPR would require authorisation from the Regulator. They would also need to be a Director of the Company.

    I thinkit would be a tough to expect your Lawyer to take control of the SMSF and secondly be tought to get the Regulator to approve his appointment especially where it was deemed he was appointed to avoid the non residency requirements.

    Not saying it couldnt happen just wouldnt fancy your chances.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Why not talk to Stephen West who is the principal at Statewide Brokers.

    I have personally bought and sold around 100 properties through Stephan over the last 6 years and can high;y recommend his integrity.

    Give him a call on 07 49720788.

    Tell him i referred you and I am sure he will look after you.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    I couldnt agree with you more mrdenn.

    Would you use a broker who wasnt a property investor or use a Financial Planner who mapped out some wonderful strategy for your retirement if they themselves hadnt already retired.

    All i was saying I believe in supporting people who make a worthwhile contribution to the forum hence my recommendation for Alistair.

    Many guys come here in the hope they can snare a bit of business. Members like Alistair dont need the business but still give up their time to assist new investors in asnwering questions and providing information.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Hi Elka

    You are correct if one of the Trustees is based as resident in Australia and can demonstrate that they have control of the investment decisions of the fund then that is acceptable.

    As far as I am aware as long as your are a resident then the 28 day rule applies.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    What State is the property in ?

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Hey you are going to get fee's wherever you go!

    Not quiet true but i do appreciate your allegance to your employer.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Simple Post – You dont.

    You can only offset with the lender that you have your home loan with.

    Many clients are looking at offsetting against their fixed rate and there is a limited number of lenders but is still doable.

    Unfortunately the CBA Misa  loan is not quiet a true 100% offset.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
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    Rebecca

    From Oct 1 2001 a Trustee can spend upto 2 years overseas without causing the fund to fail the central management and contol residency test.

    Where a Trustee returns to Australia for a period of more than 28 days before returning overseas the 2 year period will restart.

    Where a fund loses its complying status by either failing the Compliance test or by becoming a non resident it wil have its income, including contributions received and earnings within the funds taxed at 47% in the year it became non- complying. 

    Richard Taylor | Australia's leading private lender

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