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I would suggest you look at using a trust. And why not borrow more money, say 80%, and put the rest of your funds in a 100% offset account. This will result in the same interest, but you will have access to your money if you need it suddenly, or if you decide to buy another.
Terryw
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Yes, if you are all only ‘buying’ $60,000 worth of property and the value is $300,000, then the stamp duty would only be on $60,000, not the whole lot. But since it is family, is even this necessary? There will be other implications such as CGT if any of you sell and this is not your main residence.
Other implications would be the loan would need to be changed. All people on the title will have to go on the loan – this will affect your servicability.
A solicitor should be able to draw up some sort of agreement. there is a standard agreement for the joint purchase of property available at http://www.lawcentral.com.au for you to look at and get some ideas.
Things can get messy with family if some sort of problem arises – what if one of your siblings goes bankrupt or divorced etc.
Terryw
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I think this is a term coined by Steve McKnight to refer to people who spot deals and refer them on for a fee to other investors.
Terryw
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You cando it 2 ways.
1) increase the existing loan to withdraw cash and then use this as deposit on the next property
2) use the existing property as additional security for the next and borrow the lot.
1 is preferred by most people, especially if you are intending to buy more property.
Terryw
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wiseinvest, you can get finance for a brand new trust just as easily as getting finance for yourself individually.
Terryw
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I agree
Terryw
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It never hurts to ask. Legally, you could probably argue that you have an equitable interest in the property now that you have spent money on it, but your contract probably states that if you fail to settle then you get nothing. Long shot – just ask and see what you get.
Terryw
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You would need a solicitor to draft the option agreement – if you did it yourself, it could be worthless and you may lose the properties.
Terryw
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I agree with V8g, listings last for 5 years from the date they are listed. If you pay them, then they are listed as paid, and the date of payment, but the listing is still visable on the file.
Terryw
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Adding names to the title attracts stamp duty like purchasing. Another way to do it is just to set up some sort of agreement. Maybe put a caveat on the title to protect you interests.
Terryw
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It may be difficult to do, how much do you think it is worth now?
Terryw
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The main benefit I can think of is the limited liability issue. You would be far better looking at setting up a trust structure.
It may be possible for the shareholders of a company to transfer shares without stamp duty, but the offices of state revenue have clamped down on this and now if the company is considered land rich, then stamp duty will apply. This may vary from state to state as stamp duty is a state based tax.
Terryw
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Hi
Sorry for the late reply, I am in Thailand atm.
I had a plan which I ran by an account who was high up in the ATO for many years. He said it should be ok. It went something like this:
You have two loans, one on your house and one on your investment. You have some equity in one or both, so you set up a LOC on either. Everymonth you borrow to pay the expenses on the property. this money comes from the LOC and the money that you would have used goes into the 100% offset account attached to your home loan.
Then, you can borrow from the LOC to pay for the shortfall as the rent may not cover the interest.
I asked about borrowing the whole amount to pay the interest on the investment. He seemed to think it would be ok. Businesses borrow to pay interest all the time.
He said to strenghten your position, it would be better to have the IP loan and home loan with different banks. Set up a 100% offset account on the home loan so you are not actually paying down this loan. And pay the interest on the LOC each month.
The end effect is that you are paying the same interest overall, but you are slowly increasing your tax deductions.
Terryw
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Not sure if you can claim things that are associated with future purchases. If you had a property at the time of the book purchase, then you should be right.
Terryw
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What about a 2nd mortgage carryback? You could sell for $450,000 and lend them the 10% deposit and you would still get some cash out of it.
Terryw
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You are moving into the house and claiming it as your PPOR during this time. So you may not be able to claim it at all.
The restumping is a repair, But you may be improving it to a state better than it was originally when you purchased it. So I would guess that it would be classed as part of the building, and so would be claimable at 2.5% over 40 years.
But I am not an accountant and this is only guesswork.
Terryw
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Whats it worth?
Generally wrappers add 20% to the value, and then 2-3% on the nterest rate too.
Terryw
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Pre approvals are only valid for 3 months generally. So it is better not to get in there too early.
Terryw
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I beleive a Partnership is not really a separate legal entity. Like a trust is not. So the title will have to be in the name of a company or an individual – or combinations.
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I think generally lower valued properties have higher yields. I too would generally rather get 2 x smaller proeprties than one big one. But it would depend on the area and proeprties
Terryw
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