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Hi Terry
Just wanted to confirm. The example in your link, would they be exempt from CGT when he sold the property, or would 4/6 of the capital gains be subject to CGT?
ThanksTo be sure we are talking the same thing, can you copy and paste the example?
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
Hi James,
This is assuming the property is your MPR (as is assumed in brackets at the end of my quote).
You are right! I missed it, as I was unaware of the acronym “MPR”. I know the term as PPOR – Principal Place of Residence? Was the change to MPR (Main Primary Residence) a recent change?
And isn’t “main primary” tautological? I wonder who thought up that darling?
*confused*
BennyI have never seen MPR either. In commonwealth tax it is known as the main residence (since 1997) and NSW tax it is called the Principle place of 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
Are you sure the 6 year period can be reset?
https://www.ato.gov.au/General/Capital-gains-tax/Your-home-and-other-real-estate/Your-main-residence/Treating-a-dwelling-as-your-main-residence-after-you-move-out/
If you read the example of Rami, it appears you only get 6 years in total. Not unlimit d 6 year intervals on the basis you move back in within 6 years.Yes the 6 year rule can be reset if a person moves back again. Look at the actual legislation and the example given:
http://www.austlii.edu.au/cgi-bin/viewdoc/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
Bic could be totally exempt.
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
Who was the seminar with?
My hunch is that they offer buyers agent services
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 can be advantages in using a loc and not mortgaging the property being purchased. One is that when you subsequently do mortgage it and borrow against it the lender can lend based on value and not purchase price.
E. G. Find a house valued at $100k and buy it for $80k using a loc secured against another property. 1 day after settlement apply for finance and borrow $100k X 80% = $80k. This works out to be 100% LVR based on purchase price.
Good in theory but difficult in practice.The down sides are this would be treated as cash out borrowing and be much more restrictive than borrowing to buy the place.
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 and it could be done so as to maintain deductibility of interest
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
Borrow against the main residence as and use this 25% as deposit and costs and borrow 80% against the new property.
Even though you may live in the new property consider the tax consequences of if you were to move out so as to structure things in a way where all the interest would be deductible on the full purchase price plus costs.
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 rams loans were bought out several years ago and the rates quickly increased. Many borrowers could not refinance and were stuck there and had to cop the rate rise.
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
What would happen if they went belly up is that the debt would be assigned to someone else. Someone would buy their loan books and you would contine to repay as per normal to the assignee.
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
Selling 3 on one title is much better than selling 3 on separate titles, hence the discount.
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
Short answer is ‘no’.
LVR will be based on the figure the valuer gives.
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
Your heading says you want to maximise tax. Thanks for trying to pay more tax!
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 didn’t say it wasn’t a good idea, but you must consider things such as
. Are you over extending?
. Rates
. Fees
. Default
. Being stuck with same lender for years to comeEtc
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
Do you think that is a good idea?
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
seek legal advice as to ownership structure and don’t believe what you read – especially on trusts.
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
She is making money off ‘referrals’ like this – likely 10 times what she would make from doing the tax work…
These types of deals are also often inferior.
Beware of people recommending new property
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
A agent should make sure they have authority to act as an agent by all owners. But this doesn’t always happen. Where one owner has suffered a loss due to negligance or fraud of an agent then they may have recourse against that agent – ‘may’.
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
Steven, Can’t you see the obvious here?
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
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