Total Members: 159,226

Terryw

  • Terryw replied to the topic And/Or Nominee in South Australia & WA in the forum Help Needed! 7 years, 1 month ago

    It depends on the situation. generally double duty in VIC and in SA. You should seek legal advice before signing any contract.

  • Terryw replied to the topic CGT in the forum Legal & Accounting 7 years, 1 month ago

    Does the electricity and water show any usage?
    What about photos?
    drivers licence?
    electoral roll
    internet connection
    mobile phone bill showing location
    Evidence in the form of affidavits or stat decs if need be by other family members, neighbours etc.
    It will come down to how thorough the audit is.

  • Terryw replied to the topic Irrevocable Mortgage To Protect Your Assets… in the forum Legal & Accounting 7 years, 1 month ago

    Start off with the end in mind.

    You could gift a small sum to a trust and borrow back with the trust taking a mortgage to secure its debt. Later on the trust might lend you more money which increases your debt to it. The longer this happens the stronger it will be.

  • Terryw replied to the topic Home Loan v Investment Loan in the forum Finance 7 years, 1 month ago

    Looks like you are right:
    =
    HL8. Owner occupation and leasing
    Note:
    This clause does not apply to investment loans.
    HL8.1 Consent to lease
    If we give you the Loan so you can buy or build a home to live in, you must not lease the home without our prior consent
    (see clause 11.2).
    =

  • Terryw replied to the topic Home Loan v Investment Loan in the forum Finance 7 years, 1 month ago

    Are you sure about that? The ones that I have read have a similar clause, but another clause says you don’t need permission if renting out under a standard residential lease.

  • Terryw replied to the topic Irrevocable Mortgage To Protect Your Assets… in the forum Legal & Accounting 7 years, 1 month ago

    You should get legal advice on who should be the mortgagee – I would not recommend a company generally.

  • Terryw replied to the topic CGT in the forum Legal & Accounting 7 years, 1 month ago

    if not audited then no problem. If audited you would need evidence you lived there.

  • Terryw replied to the topic Irrevocable Mortgage To Protect Your Assets… in the forum Legal & Accounting 7 years, 1 month ago

    It could be a company but who would own the shares?

  • Terryw replied to the topic Irrevocable Mortgage To Protect Your Assets… in the forum Legal & Accounting 7 years, 1 month ago

    I see – it is just a marketing term. More commonly called the ‘gift and borrow back strategy’.

    My answers to your questions below:
    – What is an Irrevocable Mortgage?
    A name for a strategy where a related entity places a mortgage over the property of another entity. It is not really ‘irrevocable’.

    – How do you utilise this to protect your equ…[Read more]

  • Terryw replied to the topic CGT in the forum Legal & Accounting 7 years, 1 month ago

    There is no minimum requirement to live in the property, but it must be reestablished as the main residence again. You property could possibly exempt from CGT if you sold before Oct 2019.

  • Terryw replied to the topic Irrevocable Mortgage To Protect Your Assets… in the forum Legal & Accounting 7 years, 2 months ago

    Sounds like something that is from America.

    Who would be the mortgagee and what would it secure? Where did you hear about it? was the person legally qualified and licenced?

  • Terryw replied to the topic CGT in the forum Legal & Accounting 7 years, 2 months ago

    I think this may be the one King referred to which is in the legislation:
    =
    Example: You live in a house for 3 years. You are posted overseas for 5 years and you rent it out during your absence. On your return you move back into it for 2 years. You are then posted overseas again for 4 years (again renting it out), at the end of which you sell…[Read more]

  • Terryw replied to the topic CGT in the forum Legal & Accounting 7 years, 2 months ago

    To be sure we are talking the same thing, can you copy and paste the example?

  • Terryw replied to the topic CGT in the forum Legal & Accounting 7 years, 2 months ago

    I have never seen MPR either. In commonwealth tax it is known as the main residence (since 1997) and NSW tax it is called the Principle place of residence.

  • Terryw replied to the topic CGT in the forum Legal & Accounting 7 years, 2 months ago

    Yes the 6 year rule can be reset if a person moves back again. Look at the actual legislation and the example given:
    http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/itaa1997240/s118.145.html

  • Terryw replied to the topic CGT in the forum Legal & Accounting 7 years, 2 months ago

    Bic could be totally exempt.

  • Terryw replied to the topic Share some learnings in the forum Help Needed! 7 years, 2 months ago

    Who was the seminar with?

    My hunch is that they offer buyers agent services

  • Terryw replied to the topic Purchasing a house with a line of credit in the forum Finance 7 years, 2 months ago

    There can be advantages in using a loc and not mortgaging the property being purchased. One is that when you subsequently do mortgage it and borrow against it the lender can lend based on value and not purchase price.
    E. G. Find a house valued at $100k and buy it for $80k using a loc secured against another property. 1 day after settlement apply…[Read more]

  • Terryw replied to the topic Purchasing a house with a line of credit in the forum Finance 7 years, 2 months ago

    Yes and it could be done so as to maintain deductibility of interest

  • Terryw replied to the topic How to buy a property with the least deposit? in the forum Finance 7 years, 2 months ago

    Borrow against the main residence as and use this 25% as deposit and costs and borrow 80% against the new property.

    Even though you may live in the new property consider the tax consequences of if you were to move out so as to structure things in a way where all the interest would be deductible on the full purchase price plus costs.

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Terryw

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