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Viewing 20 posts - 761 through 780 (of 16,319 total)
  • Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    what are the differences in rates?

    NAB are extremely frustrating to deal with.

    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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    Yes but the loan will always need security to be kept open. This could be with cash.

    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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    The agent is not making any money out of chasing a a tenant like this – approach directly.

    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: 16,213

    Yes.

    They can keep the loan open under different security. This could be a term deposit temporarily under a new property is found and then mortgaging the property at settlement.

    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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    Brokers don’t value properties, but qualified valuers do. Most people over estimate what they think the property is worth so have a realistic expectation. If you think it is low do you have addresses of comparable properties in the area that have been sold and have settled/? If so you could challenge the valuer.

    You might also consider asking your broker to order another valuation through a different bank’s valuer and if this comes in higher consider refinancing.

    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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    I don’t see how this is a screw up.

    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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    Pete

    Not my area but you are looking at $5k to 10k depending on how complex.

    Diy you will still need to pay lots of legal advice and amendments as it will be full of holes. Also each party needs a solicitor to explain it. The other side solicitor will also request amendments too.

    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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    This would be legal advice so a lawyer would be the go. An accountant can advise on the tax aspects only.

    I am too busy to take on new clients ATM.

    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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    I think you should seeks professional help with such a set up. You need to speak to a lawyer who understands tax and a broker and you might want to consider several structures

    If a trustee owns the land Mr C cannot negative gear it.

    If A and B are borrowing money to lend the trust they will have interest which isn’t deductible unless the trust is paying market rate interest and terms.

    The borrower will usually be the owner of the land which would be the trustee of the unit trust. Directors of the trustee and perhaps the unilt holders will need to guarantee the loan. Liability is on the borrower and the guarantors – that is why you want to minimise guarantees.

    You could speak to Brett Davies over in Perth about this sort of thing.

    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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    Apportionment needed

    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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    Borrow against the existing property a d separately borrow against the new prooerty

    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 will have to work out the cost base and then deduct this from the proceeds. If negative it will be a capital loss

    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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    Your other property is irrelevant for this transaction unless you are claiming that as the main residence.

    Yes you will need to pay CGT if there has been a gain.

    It seems you have owned it 3 years but rented it for one year, work out the cost base of the property – include expenses while living there such as interest, rates etc (third element of the cost base).

    Then multiply this by 1/3.

    Then this number by 50% (as you have owned more than 12 months).

    This figure is then added to your other income and you will pay tax on it at your marginal tax rate.

    It may come out to be nil or very low depending on the situation.

    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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    I have 2 properties on the one loan. Loan was 500k split evenly between the 2 props. I’ve now sold one for 350k & the bank wants to take 340k instead of 250k- 5 years of payments. What are my options?

    Your options are limited as this is probably due to serviceability. Under the agreement you entered with the bank they would be entitled to retain the proceeds of any sale if they think you can no longer afford to repay the remaining loan. They have a mortgage and will only release the property if you accept this.

    But see a broker quickly because you may be able to refinance.

    This mistake of cross collateralisng loans will potentially cost you dearly.

    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: 16,213

    You might want to get a valuation each (ie. 2) as the one ordering it may benefit more than the other.

    Also seek tax advice from a lawyer too as it may work out better not to transfer due to a break down of a relationship, because there are CGT and income tax disadvantages.

    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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    Split the IP loan into 2, with the original loan interest being deductible and the new portion not.

    Loans generally don’t effect CGT. The interest on the loan for the PPOR won’t form part of the cost base of the IP even if the IP is used as security for the loan.

    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: 16,213

    I think generally avoid it if you can, especially for the main residence loan.

    But it depends on your circumstances. Seek specific advice from a broker.

    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: 16,213

    Just think of the trust as a separate person – John
    John is buying a property so john would pay a deposit. There is no need for john to give you the money for you to pay the deposit, he should pay his own deposit.

    if you pay the deposit for John you are weakening asset protection. if the deposit is to come from you you would gift it or loan it to john so that he could pay the deposit.

    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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    The trust bank account can transfer the deposit directly to the agents trust account for the purchase.

    Money from the trust should not touch your personal bank account for a variety of reasons – but if it did that doesn’t mean it is income and tax is payable on it.

    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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    The trustee could borrow against their property. If they pass away the mortgage would probably need to be discharged so the trustee will need to either pay out the loan or find other security or other sources of funds to pay out the loan.

    2. never to an existing trust, consider a new testamentary discretionary trust in the will. Powers might include taking the mortgage of the existing trust over – i mean giving it a new mortgage.

    Selling or gifing to the existing trust is going to cost money in stamp duty. maybe not a good idea.

    You have to consider their capacity too – are they deciding all of this or are you?

    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 - 761 through 780 (of 16,319 total)