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Interest on money borrowed to invest is generally deductible, but this will also depend on how the transaction was structured.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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At end of day landlord responsible to provide working toilet. But try to ascertain the cause. maybe tree roots? happened to me recently.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Maybe all in wife's name. Make sure you are able to change % without incurring stamp duty and you have to let your bank know asap.
On that wage you should be able to put heaps of cash into the offset so positvely geared. Wife could earn up to $20k no tax.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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E Wolfe wrote:thankyou Richard…which lenders would lend 100%? Are they banks? After watching 4 corners last weekend and seeing people's life savings being robbed off them by investment companies that then go bankrupt, it would be very hard to know who to trust, especially if they were to offer to lend such a high amount, immediately I would be concerned, I think. Perhaps it is just that I know too little to see the whole picture.I know of one bank which indirectly allows borrowing of 100%, or even more. But you would need some money to get started.
I wouldn’t worry about them stealing your money in this instance as it would be you who would be borrowing their money with the bank taking the risk.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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wilko1 wrote:How about remortgaged ? Ie property owned for 10 years in smsf and then they start a new non recourse loan with another bank?Only refinanced to the exact same loan amount – same at date of refinance not the original loan amount.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Hi Ross,
You don’t need title insurance, but it is good to have if something goes wrong. Do a google on “black v Garnot” . No way to protect against this sort of thing other than lodging a caveat on exchange.
Conveyancers really are just for ‘conveying’ the title. lawyers can do this but also have more extensive legal training in relation to property law and other areas of 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
The answer will be in the Duties Act QLD.
If NSW stamp duty could be payable if changing the trustee results in the beneficiaries of the trust changing. You should find the relevant section and also read your deed and see how it is worded in this regard.
You could also try wrting to the OSR and attaching a copy of your deed and see what they say.
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 if the property you are buying is 'stolen'?
Or if a creditor of the seller where to put a writ on title after you exchange but before you settle such as in Black v Garnot? You could hand over the money and then not be able to register the title!
And, why are you using a conveyancer and not a lawyer???
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
You cannot increase a loan in a SMSF of use the equity in any way. super owned property cannot be mortgaged.
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
Charlie manly wrote:Am I right in thinking you can setup SMSFs Terry?Yes, as a lawyer I can set up SMSF and provide legal advice, and I am in the process of registering as a fin planner so I will be able to give financial advice and provide a Statement of Advice (SOA) as well (soon). I can also provide taxation advice and estate planning advice. And I can also provide Finance advice as a mortgage broker as well.
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
And if you are a member of the Taxation Institute you may have Taxation in Australia journal:
Wallis, Chris 2012 Accountants cannot give legal advice: what that means for them, their clients and the lawyers Taxation in Australia Vol 45/10http://www.justtax.com.au/documents/0010ip_bluejournalmay11wallisarticle.pdf
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
Which is online
http://www.justtax.com.au/documents/0010ip_bluejournalmay11wallisarticle.pdfTerryw | 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
Anthony,
What legislation are you basing this on?
Consider s 14 LPA in NSW
http://www.austlii.edu.au/au/legis/nsw/consol_act/lpa2004179/s14.html
(1) A person must not engage in legal practice in this jurisdiction unless the person is an Australian legal practitioner.
Maximum penalty: 200 penalty units.
and s4:
"engage in legal practice" includes practise law.
"Practice law" isn't defined but would likely include giving legal advice.
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
You could try house of wealth in Sydney CBD.
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 best for him probably won't be best for you.
Would you sell a option to him for a $1 for example? Have the property tied up for a long period without any benefit to yourself, other than $1. you could let him take an option over a shorter period and hope he finds a new buyer to sell to, but you could do this yourself.
You could sell it to him on an installment contract, but it may take you 30 years to get all your money.
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
Hi Anthony,
Yes, I agree with much of what you had written. I had assumed you were talking SMSFs because you mentioned it above:
"Not many law firms have experience in depth in SMSF law because 99% only just discovered them."
I am a lawyer, but don't subscribe to the law society precedents (as I don't think they are very good).
I agree that accountants can provide limited financial advice. But I believe accountants are not able to give legal advice. The setting up of structures involves the provision of legal advice. Most accountants think they can get around this by just using a deed prepared by lawyers, but advising a client on the positions of the trust such as who should be trustee and how to structure the appointor, etc is legal advice. Would the standard accountant's PI insurance cover them for this if things went wrong? probably not if they are giving legal advice. So a client suing an accountant may be left with nothing to sue but a $2 company.
If a lawyer set up the structure and stuffed it up then the client would be able to sue the lawyer and the lawyer's PI insurance will usually cover them.
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
pvasi wrote:Hi Derek
I found this article about CGT tax when renting your old PPOR residence, that I would share.The tax rules now state that you have a period of 6 years to be away from your property, and renting it out, before you have to start paying Capital Gains Tax. Whilst this sounds like a great idea, there are a few restrictions to that you need to carefully consider:
the property must have been your primary place of residence
there is no minimum amount of time that you had to live at that property, however it must have been a bona fide home
you can stay away from your primary place of residence and rent out that property for a maximum period of 6 years
you cannot claim a CGT exemption on another property over that period of time
There has been some debate about whether you need to move back into the property prior to selling it such that you’re living in it again at the time of the sale, however this is not the case. The ATO will recognise the fact that
the property used to be your home and will treat it accordingly.It seems though we have 6 yrs before CGT applies on our home when it is rented.
Thx Peter
And the legislation itself
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.145.htmlTerryw | 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, possibly.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi DaOne,
Sorry about the delay, I just found your email in my spam box.
Will call you tomorrow.
Terry
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Dreams Come True wrote:Hi Terry,I wouldn't do options without legal advise.
My solicitor is one of the best on the arena in QLD. Spark is his last name, he has done my Options as well as VF documents for some of my clients and associates.
That’s good. I was worried with you said ‘nominee’. Do must mean you are assigning the option whereas I took it as you were entering into a COS for land and then nominating another purchaser before settlement.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au