Forum Replies Created
Yes, it would be possible, depending on the value and location etc.
But still not so easy. If you were working and had good income etc and both properties were taken as security and the LVR was less than 70% and your dad got independant legal advice then a private lender may lend to you. Probably not an institutional lender though.
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
Hate to inform you that will be virtually impossible.
Banks will only lend 95% against a property value for squeaky clean borrowers. Private lenders even less.
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
Have you cross collateralised the loans?
Best way would be to set up a new loan on each property and use that as deposit. What LVR are they at atm?
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
Why not put it in the offset on IP2?
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
If the property is available for rent then all costs would generally be deductible
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
Or look directly at the law
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
John
Do you realise you can change names on title in VIC (between spouses) without stamp duty? (maybe just $50 nominal).
For CGT absence from main residence see s118-145 ITAA 1997. You can be absent for up to 6 years as still claim it as your main residence.
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
Yes, good points.
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
Thats not a legal question. Foreign investors still are restricted in what they can buy. I don't know if its too easy or not – its not something I have thought about before. There are certainly a hell of a lot of Chinese buying off the plan apartments at the moment. Not sure this is a good investment though so they will probably lose money – which would be good for the Australian economy!!??
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
I say may because not all main residences are exempt from CGT.
The law decides whether you can claim interest or not. Section 8-1 ITAA 1997.
CGT exemptions for absence from main residence s 118-145 ITAA 1997Terryw | 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
If you had the property available for rent but couldn't find a tenant you may be able to claim the full deductions.
Not sure what you are getting at in your last paragraph.
If you are absent from your main residence you can rent it out and still claim it as your main residence and it could be CGT free for renting it for up to 6 years. If you are not renting it out or earning income from it it could be CGT indefinitely. But you can only count one house as your main residence at any one time (except for a 6 month cross over period when buying/selling).
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
1. No. Costs can only be deducted to the extent that the relate to generating an income.
Some costs could be claimed against capital gains when sold though.2. Only one could be counted as the main residence at any one period.
3. Yes would pay tax on the rent.
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 ANZ have increased their variable rates!!!!!!!
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
Bank's don't usually revalue or call in residential property loans.
Sounds like you are doing things the risky way. There are ways to do it much more safer for you.
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
No appointor is a serious issue. You will have to read the trust deed and see if the trustee has the power to amend the deed to be able to add an appointor (probably will).
Make sure you have back up appointors on all your trusts too. What happens if the appointor dies. This is important because it could be the executor of your will if you do not name anyone – and this could end up being someone you don't want.
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
As long as the borrowed money was used for an income producing asset then you should be fine – (assuming it was directly used).
The property wasn't income producing then but may be now so the interest would be deductiblle – probably
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
If you are buying properties to demolish you need to be buying at almost land value only. – probably. Demolishing a house can cost up to $30k plus when you remove the house the big drop in value.
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 for a solicitor, google "Bob Balanda" he is on the gold coast somewhere I think. I think he had written some articles on getting out of a contract too.
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
jaiterry wrote:I spoke with another accountant last week who backed up what the other guy told me – that I don't really need to worry especially about the older redraws because it is my PPOR and the tax office is unlikely to be concerned. He has told me to put the 55K so that it isn't in question and I should be OK. Interesting…This is clearly wrong advice – legally anyway. Unless the $55k was borrowed and used for the property.
But if you are audited the ATO may not dig too deep or too far back so you may get around it.
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 trustee will be sued and the trustee personally liable. If you are trustee you and your assets are at risk.
Substituting trustees now won't help because the old trustee entered the contract.
Whether they can come after other trusts the answer is yes they can, but it will depend on how it was all set up and transacted. If you go bankruptcy then the trustee in bankruptcy cannot, on the face of it, take assets which you hold on trust for others. But there are lots of exceptions. Since you are the trustee of this trust too there may be a dispute whether you hold these properties in your own right or as trustee.
Your best bet in getting out of the contract is to go thru it with a fine tooth comb and make sure they have given everything or included everything that they are legally required to in the contracts.
If you have a strong stomach you could read this recent QLD case about a purchaser who didn't settle:
South Sky Investments Pty Ltd v Luppi [2012] QSC 27
http://jade.barnet.com.au/Jade.html#sy=261412Terryw | 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