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You can’t use the 6 year rule in this situation as you are not absent from the whole property.
The cost base of the main residence could be reset at market value when the GF is first income producing and you would then need to apportion based on area.
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
See SDA009 which is a ruling from Revenue SA.
Look at example 1
https://www.revenuesa.sa.gov.au/rulings/SDA009.pdfTerryw | 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
My understanding is that such a transfer would result in double duty as essentially it is an onsale
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
Pete – did you sell them for more than purchase?
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 see it unlikely that rates will jump more than 0.25% in any one rate rise so to jump to over 7 would mean a about 12 or more rates rises.
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
With units it can be easier to get the valuations up because if another sells in the same block the valuer has a direct comparable. But this wasn’t me but a client of mine.
I know of no way to sell an option on a property and not breach the mortgage agreement, unless you notify the mortgagee. Same with caveats being lodged.
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
That is capital because it is payment for the property. Any interest component?
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 did one with ANZ – new valuation done at the day of settlement which come in $20k higher. But many lenders want the borrower to wait 3 to 6 months between valuations and/or increases.
Also note that giving an option on the property would probably be a breach of the mortgage agreement with the bank.
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
It depends on the situation. generally double duty in VIC and in SA. You should seek legal advice before signing any contract.
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
Does the electricity and water show any usage?
What about photos?
drivers licence?
electoral roll
internet connection
mobile phone bill showing location
Evidence in the form of affidavits or stat decs if need be by other family members, neighbours etc.
It will come down to how thorough the audit is.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
Start off with the end in mind.
You could gift a small sum to a trust and borrow back with the trust taking a mortgage to secure its debt. Later on the trust might lend you more money which increases your debt to it. The longer this happens the stronger it will be.
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
Looks like you are right:
=
HL8. Owner occupation and leasing
Note:
This clause does not apply to investment loans.
HL8.1 Consent to lease
If we give you the Loan so you can buy or build a home to live in, you must not lease the home without our prior consent
(see clause 11.2).
=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
Are you sure about that? The ones that I have read have a similar clause, but another clause says you don’t need permission if renting out under a standard residential lease.
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 should get legal advice on who should be the mortgagee – I would not recommend a company generally.
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 not audited then no problem. If audited you would need evidence you lived there.
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
It could be a company but who would own the shares?
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 see – it is just a marketing term. More commonly called the ‘gift and borrow back strategy’.
My answers to your questions below:
– What is an Irrevocable Mortgage?
A name for a strategy where a related entity places a mortgage over the property of another entity. It is not really ‘irrevocable’.– How do you utilise this to protect your equity?
Set up a new discretionary trust which you then contract with and it takes a mortgage over title of your property to secure its interest.– What are the benefits?
Improved Asset protection on bankruptcy of the individual mortgagor.– What are the drawbacks?
Complexity
Not 100% effective, especially in the early years.
Estate planning issues on your death
costs– How does it compare to having a trust?
A trust is needed.– What are the setup costs?
depends – probably around $5k for the average person.– Are there any ongoing costs?
Generally not– Is the setup cost per property or can it be for your entire portfolio?
You could have an equitable mortgage over all your assets, but a real legal mortgage would need to be registered over each property to improve priority to the mortgagee.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
There is no minimum requirement to live in the property, but it must be reestablished as the main residence again. You property could possibly exempt from CGT if you sold before Oct 2019.
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
Sounds like something that is from America.
Who would be the mortgagee and what would it secure? Where did you hear about it? was the person legally qualified and licenced?
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 think this may be the one King referred to which is in the legislation:
=
Example: You live in a house for 3 years. You are posted overseas for 5 years and you rent it out during your absence. On your return you move back into it for 2 years. You are then posted overseas again for 4 years (again renting it out), at the end of which you sell the house.
=Yes this main residence could get the full exemption – provided it meets the other requirements.
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