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  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,436

    The $20k debt doesn't increase your value!!!

    Hopefully your value is $500,000

    80% of this is $400,000
    Existing loan of $320k nd $20k peronsal loan joined = $340,000

    Set up a LOC of $60,000

    Total loan $400,000

    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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    Purchase?
    Is there a real estate agent involved?
    LVR?

    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 TerrywTerryw
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    @terryw
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    You could borrow up to 90 or 80% of the  value of the property less your other loans.

    The interest rate would depend on which product you took.

    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 TerrywTerryw
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    @terryw
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    You must also expect to pay brokerage for such a deal as the broker will make no money from the lender.

    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 TerrywTerryw
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    @terryw
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    Post Count: 16,436

    There are very little ways in which you can protect assets in family law situations. Transferring assets won't help.

    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 TerrywTerryw
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    @terryw
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    If you consolidate then you will be joining both loans together. You can also get a separate amount of credit available, this is best done as a separate split.
     

    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 TerrywTerryw
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    @terryw
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    main residences are usualy cgt exempt so generally no cgt payable

    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 TerrywTerryw
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    @terryw
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    Post Count: 16,436

    TD51
    Capital Gains: What factors are taken into account in determining whether or not a dwelling is a taxpayer's sole or principal residence?
    http://law.ato.gov.au/atolaw/view.htm?locid=cgd/td51/nat/ato

    This document has now been withdrawn.

    But you can still view it here
    http://law.ato.gov.au/atolaw/view.htm?docid=CGD/TD51/NAT/ATO/00001&PiT=19920326000001

    you will gets some idea

    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 TerrywTerryw
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    @terryw
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    There is a tax ruling on what constitutes a principal residence. You should look up that on the ATO legal database and go from there.

    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 TerrywTerryw
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    @terryw
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    Wow

    Firstly, trusts won't help you are all with family law type asset protection – usually. This was found out by one of Australia's leading trust experts a few years, a barrister called Dr Spry.

    A bare trust is one where the trustee has no powers. A just holds the legal title for B.

    Your situation is messy and you need legal advice. Simplest would be just to leave as is and open a new account and deposit the cheque in that or get the cheque made out to your mum.

    You also need to look at the trust deed and see if someone else is able to hold trust assets.

    Also, I hope you mum is not going to be getting the pension anytime soon as all this will affect that.

    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 TerrywTerryw
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    @terryw
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    Sorry I should have wrote "shouldn't" !
    ie should not be a problem

    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 TerrywTerryw
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    @terryw
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    Sorry I should have wrote "shouldn't" !
    ie should not be a problem

    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 TerrywTerryw
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    @terryw
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    Yes, should be a problem joining 2 loans relating to the same property.

    RAMS would have to reassess you and your property and increase the loan with the money being used to pay out westpac.

    But take this opportunity to reassess your loan with rams

    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 TerrywTerryw
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    @terryw
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    Post Count: 16,436

    There is more to it than just changing your IDs too.

    There is a case in Vic, relating to the FHOG, where someone did that and didn't actually live there. This was proven as the electricity usage showed virtually no use during the period it was allegedly the 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 TerrywTerryw
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    @terryw
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    Post Count: 16,436

    That would be a shock to the system.

    Was it an error? Or did you negotiate a 0.9% discount and do you have evidence of this?

    The contract would allow the bank to vary the interest but the wording is probably such that it is 0.90% off the variable rate so they would have little room to move. Sounds like a binding contract. I am sure if it was the other way around – where you agreed to pay an extra 0.90% then they would be acting differently.

    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 TerrywTerryw
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    @terryw
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    How do they take 28% of the principle and divert it to the shares? Possibly by making you pay extra or having the loan as interest only.

    If they could do it you could do it.

    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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    If the trustee changed but you kept the title ownership as the previous trustee then that person would be holding the property as bare trustee for the new trustee.

    I can't really see a point in changing trustees unless the ownership changes too. Why do you want to change from your mum to you?

    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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    Post Count: 16,436

    Yes, probably correct (without knowing all your details).

    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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    Post Count: 16,436

    Not usually. This would just be a change in legal ownership with the beneficial ownership remaining the same.

    But watch out for stamp duty and other hassles changing the names on title and redoing the loans.
    Consider having a company as trustee as it is easier to change control but keep ownership the same.

    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 TerrywTerryw
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    @terryw
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    73% of the combined loan as this relates to property A. The other 37% relates to property B.

    So if you move into property B then only 73% of loan 1 would be deductible and this would be against property A.
    Since you would be living in property B, the PPOR, none of loan 2, the 37% part, would be deductible.

    But if you moved out and rented both then the whole loan would be deductible with 27% being attributed to property B.

    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

Viewing 20 posts - 3,921 through 3,940 (of 16,330 total)