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  • Profile photo of TerrywTerryw
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    @terryw
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    in NSW you could buy the standard contract for $19 or so.

    But then what? Do you know what special conditions needed? What searches to include? Expiry dates of searches. What boxes to tick, how to treat GST, land tax etc.

    eg. you may include one document which is over 6 months in age and this could mean the contract is invalid. That could mean the purchaser could sign and exchange and then later decide to pull out using this as an out.

    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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    Also consider tax deductibility.

    If you have cash available from a sale you would ideally want to put that off the home loan to reduce the non deductible interest and then borrow it again to increase deductions. Being such a high LVR will complicate things, but you could use redraw as a last resort.

    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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    There is no real need to actually meet your accountant face to face. It can all be done over the phone and email/fax these days.

    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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    I suggest you get both to sign the lease. maybe evens suggest they let you take some rent money at settlement – 6 months in advance??

    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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    I think that paragraph was referring to the trustee in bankruptcy.

    But a court can replace a trustee. In NSW this can be done under the Trustee Act. Just look at the Gina Reinhart case at the moment. Some of her children are trying to have the trustee (Gina) replaced.

    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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    Do you mean 'borrow' from a trust?

    A beneficiary can borrow if the trust deed allows it. Could be interest free or market rates depending on the situation.

    Have a look at this article from yesterday where a trust lent $14mil to a beneficiary to purchase a house
    http://www.smh.com.au/nsw/court-battle-lifts-the-lid-on-huge-wealth-of-obeid-clan-20120403-1wax7.html

    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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    certainly not free but a valuer can do a value as at a certain date in the past.

    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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    will need a valuer. Real estate agents cannot give valuations – unless they are also licenced valuers.
     

    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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    You would have to work out a comparison on what the CGT would be on both. And then factor in the ooprtunity cost of paying the tax now on the one you sell or retain the exemption for down the track.

    If you rent the house out before living in it then the CGT is worked out of a time basis. If you live in it first and then rent it out you can take the value at the date if became a rental and use that as your cost base.

    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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    You could draw up the contract yourself on the back on an envelope. As long as it contains the 3 ps. Property, Price, Parties. You will also need statutory required searches. If you don't include the right searches then although you may have a binding contract you will have one in which the vendor can pull out at any time before settlement.

    Also consider, what if you get something wrong in the contract? could cost you thousands to fix.

    It will probably cost a few hundred to prepare a proper strong contract. Why take the risk of doing it youself.

    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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    Since the offset account is just cash there should be no tax consequences how you pay for bills. Just take the cash out of the offset and pay or electronic transfer 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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    Are you saying you borrowed money and parked it in an offset account?

    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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    I think you need some expert and expensive advice which may save you a fortune.

    Cash in a company can be got at by borrowing, but there are strict rules regarding this. Division 7A. Need a written agreement and must charge certain interest rate etc.

    You would probably want a new trust set up and borrow from the bucket company and then build up investments in that trust. Once it gets to a certain level then a new trust should be formed.

    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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    The purchaser.

    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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    its likely the vendor will have to pay two lots of commission too

    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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    aan offset is a savings account  so if you have used money from an offset then there is no interest incurred. it is like using cash.

    but if u take money out of an offset the interest on the loan it is attached to will increase  so indirectly interest is incurred.

    if the loan is investment then it will result in savings. if the loan is not deductible then there will be no change in deductibility. the interest on the home loan will increase however and this extra interest wont be deductible which means you will be losing out. therefore it is better to borrow to pay investment expenses rather than use offset money

    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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    aan offset is a savings account  so if you have used money from an offset then there is no interest incurred. it is like using cash.

    but if u take money out of an offset the interest on the loan it is attached to will increase  so indirectly interest is incurred.

    if the loan is investment then it will result in savings. if the loan is not deductible then there will be no change in deductibility. the interest on the home loan will increase however and this extra interest wont be deductible which means you will be losing out. therefore it is better to borrow to pay investment expenses rather than use offset money

    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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    aarons idea about the caveat is a good idea too. it will speed up the resolution as they wont be able to settle

    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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    vendor is locked in – possibly to both contracts.
    what state is it in?

    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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    Android is the way to go now. I am ditching my apples because of the cumbersome need for itunes.

    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 - 4,381 through 4,400 (of 16,319 total)