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  • Profile photo of TerrywTerryw
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    @terryw
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    Good story, but spoiled by that silly Kevin Young quote!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    You have to be careful how you move forward and how you use that cash. For instance, paying it into the loan and reborrowing or just using it straight up will have different consequences. Which you should do will depend on your plans

    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 TerrywTerryw
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    @terryw
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    SMSF and property work well, especially borrowing at 80% LVR IO with a 100% offset account. Positive gearing is even better. It won't be long before you save up the next 20% deposit in the offset for the next one.

    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 TerrywTerryw
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    @terryw
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    Don't trust your friend – who is just trying to sell you a property. Do your own homework to find the true value before you sign up

    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 TerrywTerryw
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    @terryw
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    its best to set up your own excel spreadys because each person has taylored (esp Richard) their own spreadsheets to their own needs.

    Also a good way to learn about property and tax – and excel.

    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 TerrywTerryw
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    @terryw
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    very interesting, Rushcutters bay!

    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 TerrywTerryw
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    @terryw
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    a few comments

    Go and see a broker about your dad and his wife qualifying for the loan. Stamp duty would be payable on the transfer to your dad at market rates, but you could transfer it for whatever price you want.

    Selling property for under market value can give rise to centrelink issues.

    Your loan agreement will probably prohibit you reassigning the loan without the bank's permission. And transferring the equitable ownership of the property would be a breach of your mortgage agreement too and would result in stamp duty.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    I don't think there are any differences in claiming depreciation on overseas property compared to Australian property. Don't think the location or which country the property is in would matter either.

    But I have never looked into this.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    You could use equity but what would have happened if I had borrowed $130,000 and then had to sell at $120,000? I would have had to find $10k cash.

    Also the option buyers solicitor would recommend they lodge a caveat to protect their interest so it would be impossible to borrow in most cases.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Raj, you would just have to make a spreadsheet on the different scenarios and consider the figures.

    Probably the sale to the spouse would be the way to go as it would be low cost to implement and you would be saving lots of tax so the costs would quickly come back in savings.

    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 TerrywTerryw
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    @terryw
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    Let me illustrate what happend to me when I did a lease option (made up figures but similar to what happened)

    Buy for $100,000 and sell someone an option to buy at $120,000 with maybe $50 more per week rent comng in.

    In 2 years property doubled in value to $200,000. Tenant exercises their option and buys it from me for $120,000.

    I make a profit of $20,000 plus $50 pw x 2 years. But I miss out on $80,000 capital growth!

    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 TerrywTerryw
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    @terryw
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    hi Nathan

    If you sell an option you are basically giving away capital growth.

    You possibly could access the equity if the option holder doesn't lodge a caveat but you have to be careful you don't borrow more than the option holder can buy it from you for.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    try http://www.houseofwealth.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Dave

    Interest is calculated daily and added to the loan monthly so extending the term won't result in reduced interest payments. It may result in reduced overall payments if PI, but you should really look at using an IO loan.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Don't know the situation in Vic, but you can probably terminate or rescind the contract if there was non disclosure like this.

    $500 pa is probably a reasonable figure for the neighbour too btw as you will be using his land and wearing out his driveway etc.

    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 TerrywTerryw
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    @terryw
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    Don't assume that the trust assets cannot be touched. It all depends on the structure, how it is set up and how things are conducted.

    I agree with Mike on the bank side however – new trust won't be a problem if you can qualify for finance on your own.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Yes, they will be able to sell your property and apply the proceeds to pay the debt and legal fees – which will be high.

    If you cannot pay then it would be preferable for you to sell rather than them as the costs and fees would be very high.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Best to talk to a solicitor.

    You can check out the Duties Act (Vic) – do a search on the word "spouse" to find the relevant section.

    From memory it could be done at any stage.

    Since ownership will be changing you will need to redo the loan for this property

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Probably the loan side of things would be equal.

    Using a discretionary trust would give added tax flexibility though. You need specialised advice though as there are heaps of issues, especially if you end up making a loss.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    bardon wrote:
    It sounds complicated but its not all the banks do it and its just plain vanilla unit trust, you dont need a financial planner but I would recommend a tax agent though.

    Its not just a plain vanilla unit trust either – you would need a special fixed unit trust. If the trust is not classed as fixed the land tax exemption may not apply (in NSW and VIC) .

    You will also need a solicitor to do the conveyance. Getting a private ruling from the ATO can also save a lot of worrying too.

    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

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